The Australian National Audit Office (ANAO) has released a concerning report on the Department of Home Affairs' regulation of migration agents, revealing critical gaps in oversight and enforcement that undermine the integrity of Australia's immigration system.
The audit, which assessed the effectiveness of Home Affairs' regulatory activities, concluded that the department's regulation of migration agents is not effective. The findings paint a troubling picture of inadequate policies, lack of risk assessment, and failure to take timely and appropriate action against non-compliant agents.
One of the most alarming revelations is that since April 2021, 59% of applications for re-registration as a migration agent were approved through an automated process rather than being reviewed by a departmental officer. This raises serious questions about the rigour of the registration process and whether it adequately ensures that only fit and proper persons are authorised to provide immigration assistance.
The ANAO also found that in the 2022-23 financial year, only 9% of complaints against migration agents were actioned using the powers granted under the Migration Act. This suggests a concerning lack of enforcement and accountability for agents who may be engaging in misconduct or providing substandard services.
Furthermore, the audit revealed that over a four-year period from 2019-20 to 2022-23, no departmental officer had observed a single continuing professional development (CPD) session for migration agents. This lack of oversight calls into question the quality and effectiveness of the CPD program, which is meant to ensure that agents maintain the necessary knowledge and skills to provide accurate advice to clients.
The ANAO made 11 recommendations to address these deficiencies, all of which were agreed to by the Department of Home Affairs. These include developing up-to-date policies and procedures, conducting risk assessments informed by data and evidence, strengthening the registration and complaint investigation processes, and improving the regulation of CPD providers.
While the Department of Home Affairs has acknowledged the need for improvement and has committed to implementing the recommendations, the findings of this audit are deeply concerning for the VET sector. Many Registered Training Organisations (RTOs) offer courses and qualifications related to migration law and practice, and the integrity of these programs relies on a robust and effective regulatory framework for migration agents.
The ANAO's findings underscore the urgent need for reform and increased accountability in the regulation of migration agents. The VET sector must also ensure that its migration-related training programs are of the highest quality and align with industry standards and regulatory requirements.
As the Department of Home Affairs works to address the identified shortcomings, it is crucial that RTOs offering migration agent training stay informed about any changes to policies, procedures, or CPD requirements. Collaboration between the VET sector and the department will be essential to rebuild public trust and ensure that Australia's immigration system is supported by competent, ethical, and properly regulated migration agents.
The ANAO's audit serves as a wake-up call for both the Department of Home Affairs and the VET sector. All stakeholders must now work together to implement the necessary reforms and strengthen the regulatory framework for migration agents. Only through a commitment to continuous improvement and rigorous oversight can we restore confidence in this critical aspect of Australia's immigration system.
