گروه مهاجرت پلاس از Lawyer / Legal Practitioner یعنی وکیل برای انجام امور مهاجرتی استفاده مینماید، بر خلاف همه موسسات مهاجرتی موجود در ایران که فقط از Migration agent یا همان کارگزار یا نماینده مهاجرتی استفاده میکنند.
تفاوتهای بین وکیل و کارگزار (نماینده) مهاجرتی
Qualifications and work experience
Lawyers must have completed law degree at a recognised university and must be admitted to Supreme Court to practise law and must also hold a Practising Certificate issued by authorised body, which is in effect a licence to practice law. But migration agents who is not a lawyer, have not studied law at university and do not have a legal Practising Certificate so they cannot practise law or even provide legal advice. They can only carry out migration work, for example visa applications and administrative (not legal) work.
Lawyers have the advantage of being able to practise in various areas of law and keep up to date with various law changes and requirements. This allows them to provide a holistic service and advice to their clients not only on migration maters but also other potential legal issues whereas agents are not able and allowed to do so.
A common example is skilled work visa issues for both employer and employees. If the migration advice does not take into account any wider employment issues, serious consequences could follow, including court action as well as federal penalties.
A migration agent cannot give legal advice about whether a migrant’s terms of employment are fair, or whether those terms breach any other legislation.
Holistic legal approach
A holistic legal approach is important for every visa. Lawyers are often contacted by applicants or visa holders who find themselves in trouble as they were not made aware of other potential legal issues that affected their migration status.
In partner visas, many people do not understand the interaction between the family law and migration law. And people on student visas often do not understand the importance of employment law on their work conditions. These are important matters that require legal advice from a lawyer not an agent.
Lawyers also have advocacy skills for court and tribunal hearings. If your application is rejected or your visa is cancelled, you may wish to appeal the decision. Relying on the expertise and advocacy skills of a lawyer provides you with the best chance of success. In many instances migration agents hire lawyers to represent their clients in such circumstances.
The best way to avoid migration complications is to make sure you get the right lawyer to help you with your application from the start.
All information provided to a lawyer is protected by legal professional privilege which means lawyers do not have to and will not disclose any of your details to DIBP or others if asked (eg if you are investigated, or if they are seeking evidence to use in a prosecution). But a migration agent must disclose those details as no privilege applies to agents.
Professional Legal Training
Lawyers have years of compulsory professional legal training provided by law society or Bar Association, in interpreting legislations like the Migration Act and the cases that are decided in the Courts and the Tribunals, which guards against the need to seek a review in the first place because lawyers prepare applications to a legal standard. This helps ensure the success of any review that may be needed. But agents are not trained to legal standards.