Interesting Decisions Made By OMARA
Be careful when drafting statutory declarations for the Partner visa application
The case is about a partner visa application and the two documents in concern are Form 888s provided by the Sponsor’s mother and the Applicant’s friend. The problem was that they were “similarly worded and contained generic relationship information”. The Agent witnessed both Forms on 25 May 2017. As a result, the visa processing officer concluded that the couple did not present themselves as though they were in a committed relationship and therefore, found that the relationship was not genuine and continuing.
In the form provided by the Sponsor’s mother, the following statement was made:
“I attended the couple’s wedding. They have a loving relationship. My daughter is very happy ever since she entered into a relationship with the Applicant. I can see they are very much in love and I confirm their relationship is genuine and continuing.”
In the form provided by the Applicant’s friend, the following statement was made:
“I attended the couple’s wedding and they have a loving relationship. I can confirm their relationship is genuine as I can see how much they are in love and care of each other and they do not hesitate to show everyone that”
The Agent argued that she has lodged so many applications in which it is common for some documents to look systemic and similar. OMARA acknowledged that she has made so many partner visa applications, but each relationship and visa applicant has had an individual experience of their relationship and that such would be reflected in their responses.
Hence, we need to be careful in providing sample templates especially with legal documents (for example, GTE statement in the form of a statutory declaration, Form 888, etc.).
Financial obligations of a Registered Migration Agent
This is about the agent who claimed not to have kept a copy of all the cost agreements in her files because she is “fully aware of the service fees that I charge my clients.” Whether or not a registered migration agent is aware of the fees they charge for services is not a consideration for the Authority. The consideration is whether an Agent issues and retains copies of the service agreements provided to their clients as to evidence that the clients have accepted the Agent’s service and the terms of any agreement. Furthermore, to ensure the Agent’s compliance with their obligations pursuant to the Code (i.e. s 313)
The above are a few cases that I find interesting. More similar cases can be found on OMARA’s website.
What is the utility?
If you are looking to hire a migration agent:
If you are planning to engage migration agents or immigration lawyers to assist you with your visa matters, it is highly important for you to check OMARA’s website to find out whether the person is a registered migration agent or immigration lawyer.
If you are a migration agent who is constantly in an ethical limbo:
In N's case, the White J at [39] stated that it is readily understandable that the migration agent to have aided in drafting and even handwriting the Statutory Declaration to the declarants. This is a case that hinged on the two pro forma statutory declarations.
As a migration agent, it is critically important to be able to set boundaries with your clients and manage their expectations for you to act in their best interests.
For migration agents and immigration lawyers, you should make sure you are familiar with the Migration Act 1958, Migration Regulations 1994, Migration Agents Code of Conduct, etc. so that you do not breach your obligations.
How Can We Help You?
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We constantly provide professional assistance to other migration agents and lawyers to ensure that they are compliant with the necessary laws and codes set by the governing authorities. So please feel free to contact us – you are not alone.
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