OMARA has issued a reminder to all Registered Migration Agents (RMAs) regarding their responsibilities under Section 26 of the Code of Conduct. This includes the obligation to ensure that all promotional materials are truthful and not misleading.
The full communication can be found below:
“Subject: Reminder – false or misleading statements in business promotion (section 26)
Dear Registered Migration Agent
The Office of the Migration Agents Registration Authority (OMARA) reminds registered migration agents (‘RMAs’) of their duties under section 26 of the Migration (Migration Agents Code of Conduct) Regulations 2021 (‘the Code of Conduct’), which places a duty on RMAs to not make false or misleading statements when promoting their business, services or qualifications.
This duty applies to all forms of promotion, including websites, social media, advertising and other marketing material.
Section 26 of the Code of Conduct requires RMAs to ensure that statements about their qualifications, professional status and experience are accurate and not misleading. OMARA has identified instances in which some RMAs have promoted themselves in a way that may imply they are qualified legal practitioners.
Individuals who are not appropriately qualified and admitted to practise law, must not represent or suggest that they are a lawyer, solicitor or legal practitioner. RMAs must also avoid using terminology or descriptions that could mislead others about their professional status or create an incorrect impression of their professional standing.
RMAs are encouraged to review their promotional materials to ensure they clearly and accurately reflect their status as RMAs.
Any false or misleading statements may give rise to concerns about whether an RMA has complied with their duties under the Code of Conduct and may be subject to investigation by the OMARA.
OMARA’s approach is to support RMAs in understanding and fulfilling their professional obligations while proactively addressing issues at an early stage.Further information about the Code of Conduct is available on the OMARA website at this link: Code of conduct.
