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ARTICLE · 09 MARCH 2016

February E-Check™ Checklist: What is the difference between a migration agent and an immigration lawyer in Australia?

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Both RMAs and RMA lawyers must keep client affairs confidential, but lawyers may also claim privilege for their clients.

AustraliaImmigration
Murray Thornhill
Murray Thornhill
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As lawyers we are often asked what differentiates us from "agents" when both of us appear to do the same thing. So, should you see a "migration agent" or an "immigration lawyer"?

There is no doubt that migration is a profoundly life changing experience. The decision to migrate can be costly and complex. This all means it is important that assistance is sought from a highly qualified, regulated professional.

At present there are actually three categories of advisers that may provide migration assistance to clients (although this may change soon). Those categories are:

  1. A Registered Migration Agent ("RMA")

Under Australian Law, with the exception of a sponsor, a close family member, a member of parliament or a government official providing assistance as part of their job, only a RMA may provide what is called immigration assistance (as defined in s276 of the Migration Act 1958).

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