Gao and Migration Agents Registration Authority (Migration)

This matter concerned an appeal by a registered migration agent against the Migration Agents Registration Authority's decision to cancel his registration. The Authority had initiated proceedings against the applicant following concerns arising from his advice to five clients who had unsuccessfully applied for protection visas, and a subsequent complaint from a former client regarding her child visa application. The applicant, registered since 2004, disputed the allegations.

The core legal issues before the Tribunal were whether the applicant had breached the Code of Conduct, specifically clause 2.23, by failing to take reasonable steps to maintain the reputation and integrity of the migration advice profession, and consequently, whether he was a fit and proper person to hold registration. The Tribunal was required to determine the appropriate sanction for any proven breaches.

The Tribunal found that the applicant had contravened clause 2.23 of the Code of Conduct. This finding was based on evidence demonstrating a pattern of inaction in managing client applications, including failing to ensure clients attended tribunal hearings or were informed of their ability to submit further evidence, thereby denying them a meaningful opportunity to be heard. Furthermore, the Tribunal considered the applicant's conduct in relation to "prospects documents" and the manipulation of the visa system to obtain bridging visas for clients he deemed ineligible for refugee visas to be particularly serious, as it undermined the integrity of the system and imposed a burden on social resources. While acknowledging mitigating factors such as the applicant's long registration history, lack of fraudulent intent, and personal pressures, the Tribunal concluded that the seriousness of his conduct warranted the cancellation of his registration.