Migration Agents Capstone flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Migration Act 1958
- The primary Commonwealth legislation governing migration to Australia, establishing visa criteria, decision-making powers, and review rights.
- Section 65
- Requires the Minister to grant a visa if satisfied the criteria are met, and to refuse if not satisfied.
- Section 499 directions
- Ministerial directions binding on delegates but not on the Minister personally, guiding the exercise of powers under the Act.
- Natural justice
- Procedural fairness requiring decision-makers to give notice of adverse information and an opportunity to respond before refusal.
- Skills assessment
- An evaluation by a relevant assessing authority that an applicant's skills meet the standard for their nominated occupation.
- Points test
- A scoring system for skilled visas where applicants must achieve a minimum score (currently 65) based on age, English, experience, and qualifications.
- Genuine Temporary Entrant
- A criterion for temporary visas requiring the applicant to genuinely intend a temporary stay for the stated purpose.
- Balance of family test
- A requirement for parent visas where at least half of the applicant's children must be permanently resident in Australia.
- Code of Conduct
- Standards for registered migration agents set out in the Migration Agents Regulations 1998, covering client agreements, fees, and professionalism.
- Client agreement
- A written contract between agent and client specifying services, fees, and terms, required before providing immigration assistance.
- Confidentiality
- The ethical duty of an agent not to disclose client information without consent, except as required by law.
- Conflict of interest
- A situation where an agent's personal or financial interests may compromise their duty to act in the client's best interests.
- ImmiAccount
- The Department of Home Affairs online portal used to lodge and manage visa applications and payments.
- Visa application charge
- The mandatory fee for lodging a visa application, which varies by visa subclass and must be paid at lodgement.
- Bridging visa
- A temporary visa granted to maintain lawful status while a substantive visa application is being processed or after certain events.
- False or misleading information
- Providing incorrect or deceptive details in a visa application, which can lead to refusal or cancellation under the Migration Act.
- Time of decision criteria
- Visa criteria that must be satisfied at the time the decision is made, not just at the time of application.
- Onus of proof
- The responsibility of the visa applicant to provide sufficient evidence to satisfy the decision-maker that the criteria are met.
- PAM
- Procedures Advice Manual: Departmental policy guidance that is not legally binding but informs decision-making.
- Section 359A
- Requires the decision-maker to invite comment on adverse information before refusing a visa, ensuring procedural fairness.
- Administrative Appeals Tribunal
- The body that conducts merits review of certain visa refusals, with power to affirm, vary, remit, or set aside decisions.
- Judicial review
- Court review of a migration decision for legal error (jurisdictional error), not a re-examination of the merits.
- OMARA
- The Office of the Migration Agents Registration Authority, which regulates registered migration agents and handles complaints.
- Ministerial intervention
- A discretionary power of the Minister to substitute a more favourable decision in unique or exceptional circumstances.
- Commonwealth Ombudsman
- An independent body that investigates complaints about administrative actions of Australian Government agencies, including the Department of Home Affairs.
- Registered migration agent
- A person registered with OMARA who is authorised to provide immigration assistance and must comply with the Code of Conduct.
- Continuing professional development
- Annual training and education required for registered migration agents to maintain and update their knowledge and skills.
- Professional indemnity insurance
- Insurance required for registered migration agents to cover claims of negligence or professional misconduct.
- MARA
- The Migration Agents Registration Authority, responsible for registering and regulating migration agents in Australia.
- Duty to act in best interests
- An ethical obligation for agents to prioritise the client's interests within the bounds of the law and professional standards.
- Disclosure of fees
- The requirement to inform clients in writing of all fees and charges before providing services, as per the Code of Conduct.
- Genuine Student requirement
- The criterion for student visas (replacing GTE) requiring evidence that the applicant intends to study temporarily and comply with visa conditions.