Labor will go after lawyers trying to 'game' the visa system - ABC News & Headlines – Australian Broadcasting Corporation

Julian Hill will single out lawyers, arguing he has "no confidence" in the current regime. (ABC News: Matt Roberts)

Labor will target lawyers and migration agents who profit from visa applications and protection claims with little or no prospect of success. 

The crackdown is part of a broader overhaul as the government seeks to reduce Australia's migration numbers.

New rules for international students start today and follow changes to skilled visa processing last week.

Migration lawyers and agents who help people pursue baseless visa claims will be targeted under a federal government crackdown on those who profit from attempts to "game" the system.

Assistant Citizenship Minister Julian Hill will use a speech in Sydney on Friday to condemn professionals who sell "false hope" to clients with little prospect of remaining in Australia and flag plans to restrict their activity.

Mr Hill will also unveil more details of Labor's broader migration overhaul announced last month, including that new restrictions on international students will take effect from today.

Australia's net overseas migration (NOM) was 292,100 in the year to March, with the government pledging to reduce the rate to 225,000 by next financial year.

After failing to secure support from the Coalition for measures that would require new laws, Labor is pursuing its target through ministerial directions and regulation.

Spurious protection claims and visa applications lodged with the help of lawyers and agents are among the issues the government is seeking to address.

In his speech, Mr Hill will single out lawyers over some of the "worst, sharpest practice" he has seen, declaring he has "no confidence" in the current regime — operated by states and territories — governing their involvement in migration cases.

He will reveal Home Affairs has been ordered to develop options to close a regulatory gap that allows lawyers to pursue visa applications that have no reasonable prospect of success.

Mr Hill will point to one case where a lawyer explicitly told the department their clients knew they were ineligible for a visa but wanted it refused so they could appeal the decision and eventually seek ministerial intervention.

In another example, a lawyer lodged a "high volume" of employer-sponsored visa applications across multiple job-types and industries that were all linked to the same address and included businesses that had previously been liquidated.

Mr Hill will also take aim at "outrageous online advertising" by lawyers allegedly coaching potential clients about false protection claims.

"Ads that appear to coach people on how to claim they're bisexual when they're not, or how to convince the department they're being persecuted when they're not, in order to support a protection claim," he will say.

"That's not legal representation. It's a misuse of the migration system for profit."

Huge crowds fill Sydney's Pitt Street Mall and the CBD shopping district. (AAP: Dean Lewins)

The number of people on bridging visas has more than tripled from about 130,000 in 2017 to 413,000 this year, as a growing number of people remain in Australia while lengthy appeals are resolved.

An average of 1,580 onshore protection claims are lodged each month and as of June almost 37,000 rejected claims were before the Administrative Review Tribunal.

About 90 per cent of protection applications are refused at primary stage, while a similar amount is refused on appeal.

Mr Hill will outline details of proposed changes to the code governing migration agents that would prohibit them from assisting with visa applications they "know, or reasonably ought to know, lack a factual or legal basis".

"People are persuaded to pursue visa pathways that offer little prospect of success," he will say.

"False documentation is prepared or misleading information is provided.

"Excessive fees are charged for services that either should never have been offered or are highly unlikely to achieve the promised outcome."

Current rules allow registered agents to proceed with a "futile" case if the client acknowledges that advice in writing.

Mr Hill will also confirm a dedicated taskforce is now investigating "rogue" operators who are unlawfully providing migration assistance.

He will say these "fake agents" are taking money from "often vulnerable people for migration advice or assistance without being registered agents or lawyers legally able to provide advice".

"In essence, if you're taking money from people and unlawfully providing migration advice, Home Affairs will be paying a lot more attention and coming after you," he will say.

New student visa restrictions taking effect on Friday will curb onshore visa hopping, limit students switching courses or providers, and bar many from bringing family to Australia.

Labor has also revised a controversial move in July to push most offshore skilled visa applications to the back of the processing queue to slow overseas arrivals.

The change left businesses facing lengthy waits to bring in workers, including nurses and teachers, prompting industry groups to warn Australia's skills shortages were being made worse.

After the backlash, the government sharpened the focus of the skilled migration program, with two new ministerial directions taking effect last week.

Healthcare, construction, teaching, resources, agriculture, aquaculture and fishing are being given priority as Labor seeks to steer skilled visa places toward areas of need.

The points test is also being overhauled to better recognise high-demand skills including trades needed to build homes.

A separate ministerial direction on character-related visa decisions is due to take effect later this month, which will put greater emphasis on family violence, exploitation, other serious offending and hate-motivated behaviour.