Ford v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This decision concerns an application by a registered migration agent to review a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his registration. The applicant's practice was found to be thoroughly unprofessional, compromising his clients' interests.

The primary legal issue before the Court was whether the applicant was a fit and proper person to provide immigration assistance and a person of integrity, as required by the Migration Agents Registration Authority (OMARA) Code of Conduct. This involved assessing the applicant's file-keeping practices, his response to statutory notices, and his understanding of his professional obligations.

The Court found that the applicant's file-keeping practices were seriously deficient and did not comply with the Code. Despite multiple notices from OMARA, the applicant failed to provide copies of client files and demonstrated an ignorance of the Code's requirements, including the importance of retaining client records. This conduct led the Court to conclude that the applicant was not a fit and proper person and lacked integrity. Consequently, the Court affirmed the decision to cancel the applicant's registration, finding that any lesser sanction would not be appropriate given the fundamental nature of his breaches and his demonstrated lack of insight and contrition.