Saturday, February 12, 2011

Unregistered migration agent pleads guilty


        
   An education agent for international students in Sydney pleaded guilty today in Downing Centre Local Court for providing and charging for immigration assistance when he was not registered as a migration agent.
The Department of the Immigration and Citizenship (DIAC) initiated court action against the agent, Kai Hua (Kevin) Cong, when it was discovered he had unlawfully asked for and received fees for providing immigration assistance.
A departmental spokesman warned similar operators – whose role is to liaise between international students and local educational institutions – that they could face possible prison terms and fines for providing immigration assistance, even if they operate as an education agent.
“Although education agents do not need to be registered, migration agents must be registered to ensure they have the requisite qualifications and undertake professional development to maintain their knowledge of migration law and procedure,” the spokesman said.
Mr Cong pleaded guilty today to two counts of asking for and receiving fees for providing immigration assistance while unregistered, in contravention of section 281 of the Migration Act, which carries a maximum penalty of 10 years in prison.
A further charge of giving unregistered immigration assistance, which attracts a fine of up to $6600 under the Migration Act, was placed on a schedule. This charge will be taken into account during sentencing, which is listed for February 22.
Migration agents are registered with the Office of the Migration Agents Registration Authority (Office of the MARA).
Clients wishing to find out whether an individual is registered as a migration agent can do so by visiting the Office of the MARA’s website at https://www.mara.gov.au/.

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