Abedi and Migration Agents Registration Authority

This matter concerned an application by Mr Abedi to review a decision by the Migration Agents Registration Authority (MARA) to suspend his registration as a migration agent for six months. The suspension followed findings that Mr Abedi had breached several provisions of the Code of Conduct for migration agents, specifically clauses relating to confirming client instructions in writing and record-keeping.

The primary legal issue before the Court was whether the breaches of the Code of Conduct warranted the imposition of a sanction, and if so, whether the six-month suspension imposed by MARA, coupled with a condition requiring Mr Abedi to undertake additional education, was an appropriate response.

The Court accepted that Mr Abedi had breached the specified clauses of the Code. While acknowledging that the individual breaches might be considered less serious and that Mr Abedi's conduct was not intentional or designed to cause harm, the Court found that the aggregate of these breaches indicated a systematic deficiency in his practice. This deficiency was seen as demonstrating a lack of competency in migration law and procedure, as well as the Code itself. The Court also took into account previous disciplinary findings against Mr Abedi by MARA in 2017. Considering the potential for future detriment to clients if these issues were not rectified, the Court concluded that a sanction was appropriate.

The Court affirmed MARA's decision, finding the six-month suspension, with the condition of undertaking additional education, to be an appropriate sanction in all the circumstances.