Navigating Immigration Law with Marsha Bassily

Previously on Hearsay, Marsha Bassily, Principal Immigration Solicitor at MB Lawyers joined David Turner to uncover the shape of the changes in the migration arena, with a look back at the removal of the dual registration requirement and the Novak Djokovic deportation.

This blog post draws insights from Hearsay’s interview with Marsha. Check out episode 86: Migration Nation: The Immigration Advice Landscape and the Future of Migration Practice on Hearsay the Legal Podcast now.

The 2021 Change

Unlike other legal fields, immigration law is constantly evolving due to political influences and policy shifts. Marsha stresses the need for immigration law practitioners to be incredibly agile and well-informed against the rapidly changing landscape of immigration law.

One of the biggest shifts in immigration law came in 2021 with the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth), when the requirement for Australian lawyers to be dual-registered with the Migration Agents Registration Authority (MARA) to provide immigration advice was removed.

Marsha welcomes this change, explaining that it finally eliminated an unnecessary regulatory burden. Lawyers are already held to high professional standards by the Law Society, and the additional MARA registration was redundant. This reform meant that legal practitioners could now focus solely on their expertise without the bureaucratic constraints of a dual regulatory system. However, as Marsha points out, the presence of migration agents remains essential, as they provide valuable services to individuals who may not necessarily require a lawyer.

Although the removal of dual registration may raise concerns on the quality of the advice offered as lawyers who are not specialists would be giving migration advice, Marsha assures that it is unlike the case. “I don’t think any lawyer would go into immigration law blindly,” says Marsha as she emphasises the intricacies of immigration law as a deterrent to potential lawyers interested in the space. Immigration law requires deep expertise and constant vigilance of any changes in the regulations. The stakes are high, as clients’ futures hinge on the legal advice they receive.

The Future of Skilled Migration in Australia

The Australian government recently released the Outline of the Government’s Migration Strategy: A Migration System for a More Prosperous and Secure Australia, which signals a major shift in migration policy. While still in its early stages, this strategy suggests that skilled migration will be restructured to better align with labour market needs.

One of the most significant proposed changes is the restructuring of the skilled migration program into three tiers:

1. High-Skill Tier – This category aims to fast-track the entry of highly skilled professionals, likely through salary benchmarks that will ensure efficient visa processing.
2. Agile Response Tier – The government will use real-time data from Jobs and Skills Australia to adjust skilled migration targets quarterly.
3. Lower-Skill Tier – This category is expected to cover lower-paid roles that are still essential to the economy.

If implemented effectively, these reforms, which include an overhaul of the work visa system to make it more responsive to market needs, eliminating redundant labour market testing, and allowing businesses to recruit skilled migrants more efficiently could create a more responsive and efficient migration system that benefits both employers and skilled migrants. The government will also raise the Temporary Skilled Migration Income Threshold from $53,900 to $70,000 starting July 1 to better align it with market realities.

Considering the struggles some businesses face with hiring foreign talent, Marsha views the new policy as a positive shift for businesses and skilled migrants.

The Student Visa Dilemma

International students play a crucial role in Australia’s economy and workforce. However, many face significant hurdles when trying to transition from student visas to permanent residency. The current system often leaves them in limbo and forces them to blindly navigate a complex web of visa options with little certainty.

The government’s new strategy aims to provide clearer pathways for international students to remain in Australia post-graduation. Marsha highlights the importance of retaining skilled graduates, as they represent a valuable pool of talent that Australia has already invested in. By simplifying the transition to permanent residency, Australia can strengthen its workforce and economic stability.

The Djokovic Case: A Lesson in Ministerial Power

No discussion on immigration law would be complete without mentioning the high-profile deportation of tennis star Novak Djokovic. Marsha found the case fascinating, as it highlighted the significant discretionary power that the Minister for Immigration holds and the glaring disparity between the experiences of high-profile individuals and everyday people navigating immigration law.

While the media often focuses on humanitarian visas, she pointed out that immigration law also plays a huge role in determining “how Australia runs, who we let in, who we don’t, and how complex that really is”. Despite all the controversy surrounding Djokovic’s case, no changes were made to migration laws as a result.

Djokovic’s case demonstrated how quickly immigration decisions can be made and reversed at the highest levels. The average applicant would struggle to obtain a waiver after deportation as securing a waiver for early re-entry is extremely difficult—it requires a strong, well-argued case. However, Djokovic was granted one within the exclusion period even though deportation normally comes with a strict three-year ban. This then raises questions about the accessibility and consistency of immigration law. Marsha notes that it wasn’t just about his wealth or fame, but rather the way his presence in Australia as a global tennis star – was framed as a benefit to the country. Ultimately, it wasn’t just about him as a person, but about what he represented and what he could offer to the community.

Advice for Aspiring Immigration Lawyers

For those interested in practicing immigration law, Marsha stresses the importance of staying informed. Immigration law is deeply intertwined with government policy and economic trends and lawyers must have access to reliable legal resources, such as the e-library LEGENDcom, and understand the Department of Home Affairs’ decision-making processes.

Marsha concluded the podcast episode with the message that the 2021 changes marked an excellent opportunity for young lawyers to enter into the immigration field as she states that “we can all start together, so we’re all going to learn together.

Curious to learn more? Listen to the full episode on Hearsay the Legal Podcast featuring Marsha Bassily. Sign up for a trial to listen now for free on Hearsay the Legal Podcast.