Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021, dated 18 October 2021, lays down the general circumstances for extending the eligible period for restricted legal practitioners and also the details to be stated in the written notice of the decision made by MARA.
The instrument specifies circumstances, for subsection 278A(7) of the Act, in which Migration Agents Registration Authority (MARA) may consider it reasonable to extend the eligibility period for an eligible person who has made an application under subsection 278A(4) of the Act by up to two years. These circumstances include:
- Employment, business, and volunteering commitments
- Financial circumstances
- Any attempt to secure a supervised legal practice placement on a full‑time basis for a two-year period
- Study commitments
- Family responsibilities
- Medical conditions
- Any other hardship that applies to applicants
The eligible period is the period of 2 years after the person first held a restricted practicing certificate which may be extended by MARA for a period of up to 2 years.
The Instrument also specifies, for subsection 278A(8) of the Act, the details to be included in the written notice of decisions by the MARA to grant or not to grant an extension of the eligible period. The notice of decision must include:
- Reasons for the decision
- Findings on material questions of fact relied upon in making the decision
- Reference to the evidence that the applicant’s circumstances warranted the time extension by the MARA
The instrument is registered on the Federal Register of legislation on 21 October 2021 and commenced on 22 October 2021. It is currently in force.
To access the instrument, click here.
