Boulous and Migration Agents Registration Authority

This matter concerned an appeal by Mr Boulous against a decision by the Migration Agents Registration Authority (MARA) to suspend his registration as a migration agent. The dispute arose from a series of complaints made against Mr Boulous regarding his conduct in providing immigration assistance. The case was heard by Dr Stewart Fenwick, Senior Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal included whether Mr Boulous had breached the Code of Conduct for registered migration agents, and whether he was a person of integrity or otherwise a fit and proper person to provide immigration assistance. The Tribunal was required to consider the nature of Mr Boulous's conduct, including conduct that occurred after initial sanctions were imposed, and to determine the appropriate disciplinary action.

The Tribunal considered evidence relating to multiple complaints, including allegations of inaccurate translation, failure to provide service agreements and invoices, providing inconsistent information to MARA, and assisting a client to procure false police and court documents. The Tribunal noted that its overarching objective was to protect the public dealing with migration agents. While some aspects of the complaints remained unresolved due to disputed evidence, the Tribunal found that Mr Boulous had frequently attempted to obtain additional funds from a client for a visa renewal application, and that an application was not lodged until the client became aware their visa status had lapsed.

The Tribunal decided to set aside MARA's original decision to suspend Mr Boulous's registration. It substituted this with a decision to suspend his registration for a period of 18 months from the date of the Tribunal's decision. Additionally, Mr Boulous was required to meet prerequisite conditions, including passing the Capstone assessment and submitting a statutory declaration confirming he had not made immigration representations for a fee, advertised for immigration assistance, or provided such assistance while suspended.