Why You Need an Immigration Lawyer: The Key Differences Between Lawyers and Migration Agents

21 Apr

Immigrating to a new country can be a complex and challenging process. From understanding the eligibility criteria to navigating the paperwork, there are many factors to consider when applying for a visa. While some people may opt to hire a migration agent to assist them, there are several reasons why hiring an immigration lawyer may be a better choice. In this blog post, we will explore these reasons and discuss why an immigration lawyer may be a more suitable option.

Higher level of education

Immigration lawyers have a higher level of education and training compared to migration agents. While migration agents are required to complete a year-long Graduate Diploma in Australian Migration Law and pass a licensing exam before becoming a Registered Migration Agent with OMARA, Australian legal practitioners are required to complete a bachelor’s degree in law, undertake practical legal training, and obtain a legal practising certificate from the relevant law society.

This extensive education and training equip immigration lawyers with a deeper understanding of the law and legal procedures. They have a better grasp of complex immigration laws, regulations, and policies, which can be critical when navigating the immigration process

Higher level of representation

Immigration lawyers can provide a higher level of legal representation compared to migration agents and provide advice on other legal matters that might relate to your migration queries.

Although migration agents can assist with merits reviews in the AAT, Immigration lawyers are qualified to provide legal advice and representation to Australian courts, whereas migration agents are not.

Furthermore, Immigration lawyers have a better understanding of the legal system, court procedures, and how to effectively argue a case. This can be particularly useful when dealing with complex cases that require legal representation in court.

Migration Agents	Immigration Lawyers
Graduate Diploma (12 to 24 months)	Bachelor Degree (minimum 3 years)
Supervised Practice	Graduate Diploma in Legal Practice
Register with OMARA	Supervised Legal Practice
	Admission to the Supreme Court of relevant state
	Apply to the Legal Admissions Board of relevant state

Higher level of professional conduct standards

Migration agents are not regulated to the same extent as lawyers, and do not have the same level of accountability.

While Immigration lawyers are regulated by the Legal Practitioners Act and Regulations and are closely monitored by the Legal Practitioner Conduct Commission, migration agents are only subject to the OMARA’s guidelines and regulations. Nonetheless, lawyers are held to higher ethical and professional standards as they must adhere to both the Solicitor Conduct Rules and the Law Society Ethical and Practice Guidelines.

As a result, Immigration lawyers have a more extensive duty of care to their clients. In contrast, migration agents are not regulated to the same extent and do not have the same level of accountability.

Client Legal Privilege

Another important distinction concerns the legal professional privilege which lawyers must adhere to. Although a migration agent is required to keep communication with clients confidential, only legal practitioners can claim legal professional privilege.

In action, this means that a migration agent is obliged to provide any of your details and information shared if requested by the Department of Home Affairs, while an immigration lawyer can claim legal professional privilege and withhold your communications.

Conclusion

In conclusion, hiring an immigration lawyer can provide a higher level of legal expertise, representation, and professionalism compared to a migration agent. While migration agents may be suitable for simple cases, immigration lawyers are better equipped to handle complex cases and provide a more comprehensive service. If you are considering immigrating to Australia, it is essential to hire an immigration lawyer to ensure that you receive the best legal representation and advice.

Turnstone Law

NSW Skilled Migration Update

Turnstone Immigration Law

4/122 Tamar Street, Ballina NSW 2478

Po Box 156, Alstonville NSW 2477

Liability limited by a scheme approved under Professional Standards Legislation

Migration Agents	Immigration Lawyers
Visa assistance	Visa assistance
Appeal to the AAT in relattion to a visa cancellation or refusal	Appeal to the AAT in relattion to a visa cancellation or refusal
	Appeal to Federal Circuit Courts of Australia
	Request for ministerial intervention
	Provide advice on other legal matters relating to migration issues