The Office of the Migration Agents Registration Authority (OMARA) has published guidance on the use of artificial intelligence (AI) in the provision of immigration assistance. The guidance clarifies that while AI tools may be used by registered migration agents (RMAs), professional and regulatory obligations continue to apply.
Under section 280 of the Migration Act 1958, immigration assistance in Australia may only be provided by authorised persons, including registered migration agents, Australian legal practitioners, and certain exempt individuals. Immigration assistance, defined in section 276 of the Act, includes activities such as preparing or assisting with visa applications.
OMARA emphasises that AI-generated information does not create an exemption from these requirements. Individuals who provide immigration assistance using AI without authorisation may still commit an offence.
RMAs may choose to use AI tools; however, they remain fully responsible for the accuracy and quality of the advice provided, and all obligations under the Code of Conduct, including professional competence and confidentiality, continue to apply.
RMAs should exercise caution when entering client information into AI systems, as this may risk breaching confidentiality obligations. Clients should also be informed if AI tools are used, and written consent should be obtained before personal information is entered into such platforms.
Concerns about the conduct of an RMA may be reported to OMARA, which may investigate and take disciplinary action if a breach of the Code of Conduct is identified.
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