Migration Law and Practice

Frequently asked questions

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• Do I need a law degree to study a Graduate Diploma in Migration Law in Australia?

  No, you don't need a law degree. The Graduate Diploma in Migration Law and Practice is open to both law and non-law graduates.

  You only need: 

  • A bachelor's degree (or equivalent) in any field OR 
  • A minimum of two years’ professional work experience 
  • No prior legal experience required. 

• What is the Capstone Assessment?

  The Capstone Assessment is a mandatory exam you must pass to become a registered migration agent (RMA) in Australia. Key points:

  • Administered by an Approved Provider external to UTS 
  • Taken after completing your Graduate Diploma 
  • Tests practical application of migration law knowledge

  Exception: Australian lawyers with current practising certificates cannot register as Australian Migration Agents but can lawfully provide immigration advice without passing the Capstone Assessment and without registering as an RMA.

• Can international students study migration law courses in Australia?

  Student visas are not available for this online program. However, students holding other visas permitting study, such as:  

  • 485 Temporary Graduate Visas or Partner Visas may study migration law in Australia. 
  • International students may study migration law from outside Australia. 

  Note: only Australian citizens, permanent residents and New Zealand citizens holding Special Category visas are eligible to register as RMAs. 

• How long does it take to complete the Graduate Diploma in Migration Law and Practice?

  Standard duration: 

  • Full-time: 1 year (8 units) 
  • Part-time: 2 years (4 units per year) 

• How do I navigate the Migration Act 1958 and Regulations?

  Students learn: 

  • Systematic statutory interpretation techniques 
  • How to use LEGENDcom 
  • How to use online legislative databases (Federal Register of Legislation and Austlii) 
  • Cross-referencing between Act and Regulations 
  • Using the Department of Home Affairs Policy Instructions  

  Universities dedicate significant time to teaching these essential research skills, as working with legislation is fundamental to migration law practice. 

• What visa categories will I study?

  Australian migration law courses cover all major visa frameworks including: 

  • Family migration: Partner visas, parent visas, child visas 
  • Skilled migration: Independent, state-nominated, and regional visas 
  • Employer-sponsored visas: SID (subclass 482), ENS (subclass 186) 
  • Student visas: Subclass 500 and related provisions 
  • Humanitarian visas: Refugee and protection visas
  • Temporary visas: Visitor visas, working holiday visas 

  
  You'll also learn about bridging visas, which are critical for keeping clients lawful. 

• What are the professional ethics requirements for migration agents?

  The course covers comprehensive ethics training including: 

  • Code of Conduct for Migration Agents (mandatory compliance) 
  • Client confidentiality and privacy obligations 
  • Conflicts of interest management 
  • Informed consent procedures 
  • Professional indemnity insurance requirements 
  • Continuing Professional Development (CPD) obligations 

• What's the difference between Visa Refusal and Visa Cancellation?

  This is a core concept students must master. 

  Visa Refusal: 

  • Application denied before visa is granted 
  • Occurs during application assessment 
  • Review rights through Administrative Review Tribunal (ART) 

  Visa Cancellation: 

  • Granted visa is cancelled 
  • Common grounds: character issues (section 501), condition breaches, incorrect information 
  • Different review pathways depending on cancellation type 
  • Can occur onshore or offshore 

  Understanding these distinctions is crucial for advising clients on their legal options. 

• Is the migration law course at UTS online or on-campus and what are the attendance requirements??

  YES. The course at UTS is fully online.

   
  All classes, tutorials, workshops and information sessions are online, and almost all are held outside business hours. Attendance is not compulsory, but students are required to watch the recordings if they are unable to attend live. 

  
  This flexibility is specifically designed for working professionals across Australia and makes the qualification accessible regardless of location.

• What do I need to do to get OMARA registration after graduation?

  After completing your Graduate Diploma in Migration Law and Practice, you must meet additional requirements: 

  
  Essential requirements: 

  • Pass the independent Capstone Assessment 
  • Be an Australian citizen, permanent resident or a New Zealand citizen holding a Special Category (subclass 444) visa 
  • Demonstrate English language proficiency (IELTS 7.0 or equivalent, unless native speaker) 
  • Meet character requirements (police checks, references) 
  • Hold professional indemnity insurance 
  • Complete continuing professional development annually after registration 

  Registration with OMARA is mandatory to practice as a migration agent in Australia.