Section 312A requires RMAs to notify DHA if they are giving someone immigration assistance. MARA found RMA: owned a few businesses and nominated some employees under those businesses; listed himself as an authorised recipient, instead of RMA, in some of the nomination applications. In determining whether a file note provided to the MARA in response to a s 308 notice was created retrospectively just for the purpose of a MARA investigation, can MARA look at the metadata of the file note?
To avoid doubt, the writer is not expressing an opinion on the conduct of the Agent or anyone else nor on the OMARA’s decision. This article is a mere summary and extract of some aspects of a decision and should not be interpreted in any other way.
Some of the questions to the OMARA were as follows:
Question 1: In the nomination applications where the RMA was also the employer/nominator, was he required to notify the Department that he was giving immigration assistance?
Question 2: In determining whether a file note provided to the MARA in response to a s 308 notice was created retrospectively just for the purposes of a MARA investigation, can MARA look at the metadata of the file note?