I am regularly asked by my Australian Business Visa clients what the difference is between an Australian migration agent and an Australian immigration lawyer. Simply put, all Australian immigration lawyers are also Australian migration agents but Australian migration agents are not Australian immigration layers.
Unlike migration agents, who are regulated solely by the MARA, Australian lawyers must be registered with their relevant state legal authorities and must also have professional indemnity insurance. I, for example, am registered with the Queensland Law Society.
This rigorous oversight regime ensures that lawyers adhere to high standards of service, and that there is also a strong functioning mechanism for redressing complaints, should they arise.
The result of this strong oversight, coupled with high professional standards and increasingly specialisation, is that immigration lawyers are delivering the quality services that their clients need.
Like all Australian lawyers, Australian immigration lawyers must meet minimum levels of professionalism, and must attend continuing legal education (CLE) classes. This is in addition to meeting the requirements set forth by the Migration Agents Registration Authority (MARA) for continuing professional development (CPD).
Australian Immigration lawyers must adhere to the ethical and professional standards, under the State regulated Legal Profession Acts, which regulate legal practice in Australia, in addition to the provisions set out in MARA’s code of conduct.
This dual regulatory structure, ensures that the standard of professionalism among immigration lawyers is very high, allowing them to deliver high quality services to clients in an often-confusing area of the legal system.
Australian immigration law is a complicated area of the legal system. At present, there are more than 500 articles in Australia’s Migration Act, and a huge number of cases annually.
It is becoming increasingly common for lawyers in general practice to refer immigration cases, to specialist immigration lawyers, where for example, an existing client of the firm has an immigration problem. The firm may not be able to handle the case, but also wishes to service the client’s needs. Using a specialist practice as a consultant solves the problem and creates a good networking environment.
This quality of specialisation helps to ensure that migration clients are receiving thorough attention, due to the specialist skills, inmigration lawyers can apply to meet their clients’ needs.
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