Labor targets 'rogue' migration lawyers with new code of conduct

Assistant Minister for Citizenship Julian Hill will outline the proposed changes in a speech to the Migration Institute of Australia on Friday. The measures are part of a broader overhaul of migration settings by federal Labor, amid intense political debate fuelled by the rise of Pauline Hanson's One Nation and a faltering Coalition.

The proposed changes to professional standards would replace a current provision that allows an agent to proceed with a futile application if a client acknowledges in writing that they understand it is futile. Under the new rules, registered agents would be banned from assisting with applications they know, or reasonably ought to know, have no reasonable factual or legal basis.

Hill will also announce a dedicated taskforce to target illicit migration advisers with swift administrative penalties, aimed at disrupting online fraud on platforms such as Facebook. The government will warn lawyers, registered migration agents and unregistered operators against exploiting vulnerable migrants and undermining confidence in the visa system.

Hill will stress that the changes are not intended to prevent agents from handling complex or unusual applications where there is a reasonable factual or legal basis. He will also unveil a suite of changes to student visa approvals.

The minister is expected to argue that the measures are about gaining greater control over who arrives, stays and leaves Australia, in the national interest.

Analysis

Why This Matters

The crackdown directly affects migrants who rely on agents for visa applications, potentially reducing exploitation and wasted fees.
It signals a tightening of Australia's migration system as the government responds to political pressure from the rise of One Nation.
The changes could increase scrutiny on both registered and unregistered migration advisers, raising professional standards across the industry.

Background

Australia's migration system has been a contentious political issue, with debates over visa integrity, worker exploitation, and border control intensifying in recent years. The Albanese government has been reviewing migration settings, including student visas and deportation processes. The proposed code of conduct changes target a specific loophole that permitted agents to lodge applications they considered futile as long as the client acknowledged the risk. The new rule would remove that option entirely.

Key Perspectives

Government: The measures are about restoring control and integrity to the migration system, protecting vulnerable migrants from exploitation, and ensuring only bona fide applications proceed. Migration agents and lawyers: The industry may face concerns about the scope of the 'reasonably ought to know' standard and its impact on legitimate complex cases. The government has said it will not affect applications with a reasonable basis. Critics/Skeptics: Some may argue the crackdown is politically motivated amid the rise of One Nation, or that it could deter agents from taking on difficult but meritorious cases. Enforcement will be key to effectiveness.

What to Watch

Details of the new code of conduct provisions and when they take effect.
The government's student visa changes and how they interact with the agent crackdown.
Response from the Migration Institute of Australia and legal professional bodies.
Whether the dedicated taskforce results in penalties against unregistered operators.

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