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In Australia, there are two (2) types of professional migration consultants:

1. A lawyer who holds a practicing certificate issued by the Legal Practice Board of the State and practice in the area of migration law (“Migration Lawyer”); and

2. A migration agent who is registered with the Office of the Migration Agents Registration Authority (MARA) (“Migration Agent”).Only a Migration Lawyer or a Migration Agent can provide migration related services and advice to clients requiring migration assistance. In helping you decide which type of migration consultant to choose, here are the differences between Migration Lawyer and Migration Agent:

1.              Qualifying Process

Migration agents are required to:

(a)           Complete a 6 month training course and past the exams; and

(b)          Apply to be registered with the Office of the Migration Agents Registration (“OMARA”).

Migration lawyers are required to:

(a)           Complete at least a Bachelor of Laws degree (which requires minimum of 3 years);

(b)          Undertake practical legal training and work experience with a law firm;

(c)           Complete College of Law training program and exams;

(d)          Apply to the Supreme Court for admission as a lawyer; and

(e)          Apply to the Legal Practice Board of the State for a Practicing Certificate.

Whilst both are qualified to provide migration services, Migration Lawyer requires a much longer process as the legal profession is one of the most traditional profession in Australia and the requirements to become a lawyer are very strict.

Under the Legal Profession Act, no person can hold himself or herself out as a lawyer unless he or she holds a practicing certificate.

2.              Level of Knowledge and Skills in Law

Provision of migration services is in actual fact provision of legal services in migration related matters.   Australia migration regime is comprised of the Migration Act 1958, Migration Regulations 1994, and being a Common Law country, we are bound by past decisions of tribunals and Courts on cases initiated under these two (2) legislation.

Migration Lawyer will more likely have deeper understanding of the migration regime as lawyers are trained to apply the laws.

3.              You can claim Legal Professional Privilege

While a migration agent is required to keep communication between themselves and a client confidential, only a lawyer can claim legal professional privilege, which if applicable, will keep the communications between a lawyer and a client entirely confidential, including against a subpoena from a Court and are usually protected from disclosure.

4.              Standards of conduct

Migration Agents are subject to the OMARA code of conduct.

Lawyers are subject to the Legal Profession Act, the Legal Professional Conduct Rules and the Law Society Ethical and Practice Guidelines.

These codes of conduct are created for the protection of clients and ensuring the profession integrity is upheld.

In comparison between the two (2) standards, lawyers have a much comprehensive and stricter code of conduct.  Invariably the reason being the legal profession has been around for over a hundred years.

5.              Extend of Service

Migration service does not only encompass the services of advising and applying for a visa.  It also includes appealing to the tribunals and Courts for review of migration decisions.

A migration agent can assist with your visa application process and appeal to the Administrative Appeals Tribunal (AAT) in relation to visa refusal or cancellation matters.   Certain matters may need to appeal to the Commonwealth Courts of Australia.  In this case, a migration agent must advise you to seek independent legal advice from a lawyer as migration agents are not permitted to represent clients in Courts.

A lawyer, in addition to the above, can extend further services to you in full legal representation in the Courts, and also to provide advice on other legal matters relating to you other immigration issues such as investment law, business law, corporate law, property law, etc.

If you are interested in moving to Australia, the lawyers at Tang Law are qualified as both Migration Agents and Migration lawyers, will provide professional and comprehensive legal advice on your migration matter and on a range of matters that are related to the migration process.

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing migration advice to clients, advising on “Eligible Businesses” within the definition of the Migration Regulations, assisting migrants (investor of the business) with satisfying migration requirements, making visa applications and appealing cancelled or refused visas in the Federal Court of Australia, Administrative Appeals Tribunal and Migration Review Tribunal. Kelvin also has extensive experience in civil litigation, commercial and corporate law matters.

Steve Clark

Steve is an Associate Lawyer and Registered Migration Agent (MARN: 1688297) at Tang Law. He was admitted to the Supreme Court of Western Australia and High Court of Australia in 2013. Steve has had experience in providing migration advice to clients, making visa applications and appealing cancelled or refused visas. Steve also has experience in civil litigation, estate planning, commercial and corporate law matters.