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MIGRATION ACT 1958 - SECT 306AC

Minister may refer registered migration agent to the Migration Agents Registration Authority

Referral

             (1)  The Minister may refer a registered migration agent to the Migration Agents Registration Authority if the agent has a high visa refusal rate in relation to a visa of a particular class.

Note 1:       If the Minister is considering doing so, the Minister must invite the agent to make a submission on the matter and must consider any submission that is made: see section 306AE.

Note 2:       If the Minister refers an agent, the Authority must consider whether to discipline the agent: see section 306AG.

Note 3:       The Minister's decision and any decision of the Authority to discipline the agent are reviewable by the Administrative Appeals Tribunal: see section 306AJ.

High visa refusal rate

             (2)  This is how to work out if the agent has a high visa refusal rate in relation to a visa of a particular class:

Method statement

Step 1.   Work out the number of:

               (a)     valid applications for a visa of that class; and

              (b)     applications for review by a review authority of a decision to refuse to grant a visa of that class;

              made during a period determined by the Minister under this Division in respect of which the agent has given immigration assistance to the applicants concerned.

                   Note:             Subsections (3) and (4) provide for certain applications not to be counted.

Step 2.   Work out if the number at step 1 is equal to or greater than the number determined by the Minister under this Division.

Step 3.   If it is, work out in respect of the applications covered by step 1 the number of decisions to refuse to grant a visa that are standing at the end of all the proceedings (including any appeals) resulting from such decisions.

Step 4.   The agent has a high visa refusal rate in relation to a visa of that class once the number at step 3 expressed as a percentage of the number at step 1 is equal to or greater than the percentage determined by the Minister under this Division in relation to that class of visa.

Immigration assistance at visa application stage and review stage

             (3)  If:

                     (a)  the agent gives immigration assistance to a person in respect of a valid application by the person for a visa of a particular class; and

                     (b)  the agent later gives immigration assistance to the person in respect of an application (the review application ) by the person for review by a review authority of a decision to refuse to grant that visa;

then the review application is not to be counted for the purposes of step 1 of the method statement.

Immigration assistance in a prescribed capacity

             (4)  An application of a kind covered by step 1 of the method statement is not to be counted if the agent gave the immigration assistance in a prescribed capacity.

Minister to have regard to any matter prescribed by the regulations

             (5)  In deciding whether or not to refer a registered migration agent to the Migration Agents Registration Authority under this section, the Minister must have regard to any matter prescribed by the regulations.



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