Calabro and Migration Agents Registration Authority (Migration)

This matter concerned an appeal by Mr. Calabro against a decision by the Migration Agents Registration Authority (the Authority) to cancel his registration as a migration agent. The cancellation was based on multiple alleged breaches of the Code of Conduct, specifically concerning advice provided in relation to the Regional Sponsored Migration Scheme and 457 visas, and whether Mr. Calabro was a person of integrity or otherwise a fit and proper person to provide immigration assistance.

The court was required to determine whether the Authority’s decision to cancel Mr. Calabro’s registration was the correct or preferable one. This involved considering the provisions of the *Migration Act 1958* (Cth) (the Act), including sections 303(1), 304(1), and 314, and the relevant Code of Conduct in force at the time of the conduct and decision. The court also had to assess whether Mr. Calabro’s conduct demonstrated a lack of integrity or fitness to provide immigration assistance, and whether the breaches of the Code of Conduct warranted cancellation or a lesser penalty.

The court reasoned that while Mr. Calabro had engaged in conduct that breached the Code of Conduct, including providing misleading advice and failing to maintain proper records, cancellation of his registration was too severe a penalty. The court noted that the primary purpose of the disciplinary provisions was protection of the public rather than punishment. Applying this principle, and considering all relevant factors, the court concluded that a suspension of registration for a period of two years was the more appropriate and preferable outcome.

Consequently, the court set aside the Authority’s decision to cancel Mr. Calabro’s registration and substituted it with a decision to suspend his registration as a migration agent for a period of two years, commencing from 27 August 2020.