Gregory and Minister for Immigration and Multicultural and Indigenous Affairs
[2004] AATA 795
•29 July 2004
Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2004] AATA 795
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2003/1821
GENERAL ADMINISTRIVE DIVISION ) Re CHRISTOPHER GREGORY Applicant
And
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
DECISION
Tribunal The Hon R N J Purvis Q.C., Deputy President Date29 July 2004
PlaceSydney
Decision The decision under review is affirmed.
[Sgd] R N J Purvis Q.C.
Deputy President
CATCHWORDS
IMMIGRATION – temporary business long stay class 457 visa - character test – lodging of protection visa application based on false representations - forged documents – risk of recidivism – value of contribution to the Australian Community not outweighing misconduct - decision affirmed
Migration Act 1958 section 501
Ministerial Direction 21
Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84
Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136
Grigorian and Minister for Immigration and Multicultural and Indigenous Affairs [2004] AATA 648
REASONS FOR DECISION
29 July 2004 The Hon R N J Purvis Q.C., Deputy President
the application
1. The Applicant in this application, Mr Christopher Gregory (“the Applicant”) a director of Gregory Brothers Pty Ltd and Gregory Jewellers Pty Ltd, is the sponsor of Mr Alfredo Lucas Ebbeke (“the Visa Applicant”) in aid of him being granted a temporary business long stay class 457 visa.
2. On 16 October 2003 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (“the Respondent”) refused to grant to the Visa Applicant the visa now sought on his behalf. In the reasons given for refusing the visa it was inter alia stated (T2/11):
“32 Mr Ebbeke has committed a number of offences against the Migration Act.
…
33. Mr Ebbeke’s disregard for Immigration law commenced when he first applied to travel to Australia as a tourist and has continued until his current application…he has demonstrated a complete disregard for the authorities and an ability to be willing and able to obtain false documents and provide those documents to this office if it will achieve a positive outcome for him.
…
36. …He has demonstrated a willingness to go to some length to facilitate his travel to and stay in Australia.
…
42. …Mr Ebbeke’s willingness to make false and misleading statements in relation with a visa application brings the integrity of the whole visa program into question. The Australian Community would expect that his behaviour would not now be rewarded by the grant of a visa.
…”
the issues in the application
3. There is not an issue in this matter as to the character of the Visa Applicant. As will be discussed later in these reasons the false statements, false representations and false documents made and created by the Visa Applicant are sufficient to enable the Tribunal to accept the admission made on behalf of the Applicant that the Visa Applicant is a person not of good character within the meaning of section 501 of the Migration Act 1958 (“the Act”) and the Minister’s Direction 21.
4. Reliance is however placed on the discretionary factors, it being submitted on behalf of the Applicant that when considering such factors weighing one against the others, the Tribunal should exercise its discretion in favour of the Visa Applicant. Whilst recognising that the misconduct of the Visa Applicant was very serious, it is said that the welfare of the Australian Community and its protection are not overly significant in a relevant sense and that the value of the contribution the Visa Applicant could make to such a community should override the other factors.
the hearing
5. At the hearing of this application the Applicant was represented by Mr N Poynder of Counsel, the Respondent by Mr Murray Allatt, a solicitor employed by the Australian Government Solicitor.
6. There was introduced into evidence the documents lodged by the Respondent pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 marked T1 to T23. Additional written material tendered on behalf of the Applicant was admitted into evidence and marked accordingly, namely:
Exhibit No
Description
Date
A
Reference from Ms Kristen Daglish
16 December 2003
B
Statement of Mr Christopher Gregory
2 June 2004
C
Pages from Gregory’s book “Masters of Jewellery”
Undated
D
Leighton Clarke Invoice
16 December 2002
E
Statement of Lucas Ebbeke
17 May 2004
7. Oral evidence was given by the Visa Applicant, Ms Renee Krikorian, Ms Kristen Daglish, Ms Maniela Brozky, Mr Roberto Brozky, Mrs Ofelia Brozky, Mr Christopher Gregory and Ms Anna Babian on which they were each cross-examined
relevant legal principles and ministerial direction
8. The statutory provisions here relevant are:
“Section 501 (1)
The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.
Section 501(6)
For the purposes of this section a person does not pass the character test if:
…
(c) having regard to either or both of the following:
(i)…
(ii) the persons past and present general conduct
…
the person is not of good character.
Section 499 (1)
The Minister may give written directions to a person or body having functions or powers under this Act if the directions are about
(a) the performance of those functions; or
(b) the exercise of those powers.
Section 499 (2A)
A person or body must comply with a direction under subsection (1).”
9. The words good character as used in section 501 of the Act:
“should be taken to be used in their ordinary sense namely a reference to the enduring moral qualities of a person and not to the good standing, fame or repute of that person in the community. The former is an objective assessment apt to be proved as fact, where the latter is a review of subjective public opinion”.
(See Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84 at 94)
10. It is not necessary for there to be a continuance of the incidence of general conduct. It is sufficient if incidences of general conduct be displayed but once or twice, thereby laying “the character bare very tellingly” (see Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136 at 142).
11. The Ministerial Direction 21 sets out matters to which decision-makers are to have regard in determining whether or not a visa applicant is a person of good character and accordingly whether or not the person passes the character test. One factor to be taken into account as here relevant is whether the Applicant has shown contempt or disregard for the law including Immigration Law (paragraph 1.9 (a) (b)). Thus Paragraph 1.9 (b) requires consideration to be given to:
“Whether the non-citizen has in connection with any application for the grant of a visa or any kind of Government benefit, provided a bogus document or made a false or misleading statement.”
12. If the Tribunal is not satisfied that the Applicant passes the character test, the issue for determination by it is as already indicated above, whether the decision of the Minister’s delegate be affirmed or set aside by exercise of the residual discretion under section 501 (1) of the Act. In making this determination the Tribunal is to have regard to the abovementioned Ministerial Direction and as here relevant to the following provision:
“PART 2 - EXERCISING THE DISCRETION
2.1 If a non-citizen does not pass the Character Test,
decision-makers must have regard to the following considerations when
exercising the discretion to decide whether or not the non-citizen
should be permitted to enter or remain in Australia.
Weight of considerations
2.2 The Government is mindful of the need to balance a number of
important factors in reaching a decision whether or not to refuse or
cancel a visa. In making such a decision, a decision-maker should
have regard to three primary considerations and a number of other
considerations. The primary considerations are set out at paragraphs
2.3 - 2.16 and other considerations are set out at paragraphs 2.17 -
2.24. Decision-makers must have due regard to the importance placed
by the Government on the three primary considerations, but should also
adopt a balancing process which takes into account all relevant
considerations.”
13. The three primary considerations that must be taken into account by decision-makers are the protection of the Australian community and members of it, the expectations of the Australian community and in all cases involving a parental relationship between a child or children and the person under consideration, the best interests of the child or children.
14. With reference to the protection of the Australian community the Direction provides that the factors relevant to an assessment of the level of risk to the community of entering or a continued stay of a non-citizen include the seriousness and nature of the conduct, the likelihood that the conduct may be repeated including any risk of recidivism and whether visa refusal or cancellation may prevent or discourage similar conduct. The Direction in this regard, as much as the character issue, makes specific reference to offences relating to the making of false or misleading statements in connection with entry or stay in Australia. Section 234 of the Act makes it an offence for a person to provide a statement or information that is false or misleading in connection with an application for a visa and prescribes significant sanctions for non compliance.
15. The Tribunal has frequently emphasised the importance of the observance of truth when dealing with officials in migration matters, especially when the truth is known only to the person making the statement (Grigorian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] AATA 648). It is important to note the emphasis placed on “the observance of truth”. It is conceivable that documents can be false and information provided which is false without an applicant being aware of the inaccuracy, lack of correctness or falsity. It is integral to an assessment of character for there to be an appropriate consideration of the state of mind of the person providing a document or information and as to whether the applicant for a visa actively engaged in a stratagem to deliberately mislead immigration officials for the purpose of gaining a benefit or advantage. As was stated in Irving (supra) the moral qualities of a person are the factors to which attention is to be given.
chronology
16. A chronology of relevant events was compiled by the Respondent and formed a part of its Statement of Facts and Contentions.
17. The Tribunal adopts such a chronology with some minor alterations. The chronology is as follows and sets forth matters which were not in issue between the parties:
1969Visa Applicant born in Argentina
2002, 1 March Visa Applicant and de-facto wife Maria Aryan, apply for tourist visa to Australia
2002, 12 March Visa Applicant granted tourist visa
2002, 22 March Visa Applicant arrives in Australia with Ms Aryan
2002, 24 June Visa Applicant lodges false protection visa application. Ms Aryan also lodges false protection visa application as a family member
2002, 24 June Visa Applicant issued a bridging visa without permission to work
2002, 10 July Respondent communicates with Visa Applicant
2002, 11 August Visa Applicant communicates with Respondent in reply
2002, 26 August Rejection of protection visa application
2002, 30 August Visa Applicant lodges application for review of refusal with Refugee Review Tribunal
2003, 11 May Visa Applicant and wife depart Australia
2003. 4 August Visa Applicant lodges application for long stay business visa sponsored by Mr Christopher Gregory
2003, 16 October Application refused on character grounds
the factual situation and findings of fact
18. The Visa Applicant was born in Argentina where he remains living with Ms Aryan, his de-facto wife. After completing his secondary education, where according to his own evidence, he “was an excellent student” (Exhibit E, paragraph 13) he began work in 1986 with his uncle, a jeweller having his own workshop. Over the ensuing years he became very accomplished in his profession.
19. In early 2002, the Visa Applicant and Ms Aryan were giving thought to their leaving Argentina and seeking to live in another country. This was not on account of any fear for their safety but rather for economic and social reasons. Consideration was given to the situation in the United States, Canada and Europe. They each had friends and family friends in Australia. They decided to seek a three months visitor visa to visit Australia.
20. The Visa Applicant obtained three months leave of absence from his then employment and on a visa being granted the Visa Applicant and Ms Aryan arrived in this country on 22 March 2002. They lived with friends, the Babians’, for the first month of their stay and then obtained their own rental accommodation. They seemingly liked what they saw of the country and decided to seek advice as to how they might extend their stay and obtain employment in their respective professions. They approached a solicitor who gave advice to the effect that if they were to proceed and seek a long stay visa it would be necessary to leave the country and make an application from Argentina. They were not happy with this advice and discussed the situation with friends and acquaintances.
21. It was the latter who suggested that the Visa Applicant and Ms Aryan should in effect seek another opinion and this they did, arranging to consult a Mr Michael Kork, a person holding himself out as a migration adviser and lawyer. As it transpired he was neither. The advice that was initially given by Mr Kork was to a like effect to that given by the earlier adviser but it was followed by the qualification that if the Visa Applicant could rely upon a situation in Argentina that would support a protection visa application and the same was lodged, then a temporary visa might be obtained during the currency of which consideration could be given to a more permanent arrangement being put in place.
22. It is not possible on the evidence before the Tribunal to be more precise as to the advice that was so given. Suffice to say however, that the recommendation was to the effect that the Visa Applicant prepare a statement as to his situation which might support a refugee application. This he did with the assistance of Ms Aryan. Mr Kork saw the document and thinking it not sufficient to the purpose added to or amended the original and showed this to the Visa Applicant. The additions and/or amendments were fictitious. The Visa Applicant initially opposed the use of the adviser’s document as part of his application. After a few days consideration he changed his mind and became a party, by reason of his ascent and his signature on the application, to which the statement was a part, to the presenting of untrue and false representations to the Respondent.
23. The Visa Applicant says that he, whilst realizing that the representations were false, accepted that Mr Kork was his “legal”, “migration” adviser and that if he was to achieve his desired aim of remaining in Australia, obtaining employment and if possible a visa appropriate to his skills, he should follow such advice.
24. The falsities are contained in a document which was part of his protection visa application received by the Respondent on 24 June 2002 (T6/151). The document contains allegations as to the Visa Applicant having been on occasions arrested, beaten and kicked by the Buenos Aires police, being a supporter of the Communist Party and organiser and participant in street protests, threatened with death, targeted with phone threats and having no option other than to leave Argentina “to save our life’s (sic)”. Each and every one of the allegations was false and false to the knowledge of the Visa Applicant and Ms Aryan.
25. Under date 11 August 2002 the Visa Applicant signed a letter addressed to the Respondent in which the earlier false representations were maintained (T9/164). The letter contained references to “threats I have received”, “Communist ideals”, “persecute and threaten to kill”, “if we don’t leave the country we will be killed” and the Visa Applicant being in fear “for my life”. These representations were knowingly false and made with the intent of misleading the Respondent.
26. The application for a protection visa was refused. Mr Kork advised an appeal to the Refugee Review Tribunal to which the Visa Applicant agreed well knowing that his false allegations would again be presented to an authority, the Respondent.
27. The Visa Applicant seemingly expressed to Mr Kork his desire to obtain employment and use his jeweller’s skills in Australia. Mr Kork advised him to prepare a curriculum vitae. Whether he was so advised or not, the Visa Applicant thought that such curriculum vitae would need to be supported, where reference was made to his academic qualifications, by documentation.
28. The Visa Applicant prepared curriculum vitae in which he stated as part of his higher studies that he obtained a degree of “jewellery technician” at the “Institute Reggio Bs. As. Argentina 1980/1986” (T11/177). This was false. The Visa Applicant had not obtained such a certificate or indeed any certifications from the Institute Reggio.
29. The curriculum vitae was presented to Messrs Leighton Clark Consulting Pty Ltd Personnel Consultants who in due course incorporated the falsity into material provided to Mr Christopher Gregory, the Applicant in these proceedings. Shortly thereafter the Visa Applicant became an employee of the company of which Mr Gregory is a director.
30. The Visa Applicant was not pleased with the migration advice he had received from Mr Kork and in due course approached his present solicitor by whom he was advised as to his employment and migration situation at that time. Following such advice given to him, the Visa Applicant ceased his employment, caused the Respondent to be informed of his migration status and, with Ms Aryan, departed Australia.
31. However, before leaving and in aid of supporting the visa application he was then advised to make sponsored by the Applicant, forged documents purporting to evidence his attendance at and his obtaining a degree from the Institute Reggio. The Visa Applicant had obtained a genuine certificate from a friend in Buenos Aires and before leaving Australia had forged the abovementioned documents.
32. The forged documents were lodged by the Visa Applicant in support of his application when the same was presented to the Australian Embassy in Buenos Aires. The Respondent at that time was also provided with a letter signed by the uncle of the Visa Applicant, with whom he had obtained his initial training, Mr Pedro Luis Ebbeke, in which the uncle referred to the Visa Applicant “training in my work shop during 18 months as a complement of his studies at Reggio Institute” (T11/257). It was the Visa Applicant who requested his uncle to include this false statement in the letter.
33. The Visa Applicant thus engaged in the making of false representations, the maintaining of such representations, the creation of false documents and the maintaining of such falsities from the time when he signed his protection visa application on 24 June 2002 up until the time when he caused his present solicitor to inform the Respondent of the falsities on 13 August 2003. During this relatively lengthy period of time the Visa Applicant did not cease to present a false image of himself to the Respondent.
34. As already mentioned in these reasons it transpired that Mr Kork was not a registered migration agent or a qualified lawyer.
character
35. As recited earlier in these reasons, I am satisfied on the basis of the factual situation above detailed that the Visa Applicant is a person not of good character.
36. With respect to the sincere people who gave their evidence as to their own perceptions of the character of the Visa Applicant and Ms Aryan, they each expressed their assessment without having a full appreciation of the gravity of the conduct engaged in by the Visa Applicant. The conduct was as one witness described it a “white lie” or as another put it an “error” or “aberration”. I am satisfied however that the conduct was deliberate, the visa applicant engaging in deception designed to obtain an advantage or benefit for himself. From an objective point of view the making of the false representations and forging of the documents with the involvement of others in the stratagem is indicative of defects in moral stature extending over some period of time.
discretionary factors
the offences
37. The misconduct of the Visa Applicant in seeking to mislead the Respondent was serious. Even be it he now expresses remorse for his behaviour, he continued with the falsities over a lengthy period. He accepts responsibility for the false protection visa application representations but seeks to place some of the blame on Mr Kork. It may be, as was submitted on his behalf, that he was influenced by Mr Kork who he believed to be a lawyer and/or migration agent and that there existed a power disparity between them. I doubt however, having in mind the fluency of the Visa Applicant in the English language and displayed intelligence, if this was so. He maintained the façade even after he did away with the services of Mr Kork and at no time prior to the lodging of the present application sought to withdraw or acknowledge the falsities.
38. The Visa Applicant accepts responsibility for the making and propagating of the false documents. They were carefully thought out. He involved others in their execution and in maintaining the charade. He knew that what he was doing, as with the protection visa falsities, was wrong.
likelihood of repetition
39. It is submitted on behalf of the Respondent:
“The Applicant’s conduct cannot be characterised merely as short lived or an isolated breach of the law. Rather the Applicant’s conduct was conduct that was planned and intentional. It appears to be serial conduct. The Respondent believes there exists a real risk that the Applicant will commit other forms of undesirable behaviour in order to obtain advantage. Again it needs to be remembered that only after the attempt at subterfuge in respect of this visa had failed did the Applicant come forward with the truth of his circumstances.”
40. I agree, as already discussed, that the misconduct was not short lived or indeed isolated. It was carried out knowingly and with intent to mislead the Respondent into conferring a benefit, not an entitlement, upon the Visa Applicant. The Tribunal is not able to say, that if the opportunity presented itself again, the Visa Applicant would not try to advantage himself by means of illegal activities. Risk of recidivism is real.
deterrence
41. The Visa Applicant was introduced to Mr Kork by friends who it would seem were endeavouring to assist him and Ms Aryan find a way for their to remain in Australia. Whether such friends were or became aware of the details of the falsities is not apparent. They were aware of the Visa Applicant remaining in Australia beyond the three months permitted by his visitor visa. A message might be sent through the relevant community in the event of a visa not being granted to the Visa Applicant, of the need to be truthful when making representations to the Respondent and the need to refrain from engaging persons such as Mr Kork and using untruth to seek to obtain such an advantage.
42. The expression of surprise portrayed by some of the witnesses before the Tribunal when they became aware of the behaviour and conduct of the Visa Applicant is testament to the effect that might well be achieved by a rejection.
43. Likewise with the forged documents. The Visa Applicant involved a friend in Argentina, who had attended and graduated from the Institute, in providing copies of his own documentation which the Visa Applicant then copied. He caused his uncle to write an untruth. There may be others and there are now the friends who gave character evidence before the Tribunal. When it becomes known to these people that the Visa Applicant failed to obtain a visa on account of this misconduct, there may well arise deterrence to others to not engage in the same deceptive behaviour.
expectations of the australian community
44. The Respondent submits that:
“…the seriousness of the conduct engaged in by the Applicant is such that the expectations of the Australian Community would be that the Applicant’s application for a visa should be refused.
It would not be the expectation of the Australian Community that a person who has engaged in conduct that amounts to a serious breach of the Act should be able to benefit from that same Act by reason of a favourable exercise of its provisions.”
45. I concur with these submissions. A granting of a visa in the circumstances of this case would be tantamount to condoning the deliberate recitation of falsehoods and the forging of documents brought into being to mislead the Respondent. It would not be the expectation of an appropriately informed Australian community that in these circumstances a visa would be granted.
business and other ties to the australian community
46. The Applicant in his affidavit evidence (Exhibit B) states that he was “very impressed with his [the Visa Applicant’s] work by making a fully handmade platinum ring which is the most difficult metal to work with”. He further says that the Visa Applicant “is not only a very good jeweller but an excellent jeweller and I believe of his good moral character”. “It will” Mr Gregory says “greatly help us keep our production here in Australia which will also benefit a lot of people in the jewellery trade, from suppliers to so many workers and consumers” if the Visa Applicant is allowed to enter Australia and “work with us as a jeweller”.
47. Mr Gregory acknowledged that it was his company which was funding the present application and that there was a need for persons, the like of the Visa Applicant, to work for the company as a jeweller. Mr Gregory also expressed his view that the Visa Applicant would “be a good citizen for this country”. Mr Gregory did describe the conduct of the Visa Applicant so far as it was known to him, as a “stupid mistake” and as a “white lie”. The Tribunal does not accept these words as appropriately describing the Visa Applicant’s conduct. Such conduct was carried out by the Visa Applicant with intent, he being fully aware of the falsities. It is apparent that the Visa Applicant and Ms Aryan are each well accomplished in their respective professions. Their presence and employment in Australia would undoubtedly make a material and significant contribution to work and production in the jewellery and design industries. However, the business tie of the Visa Applicant to the Australian Community is restricted to his employment by Gregory Jewellery Pty Ltd and this only for a relatively short period of time.
submissions and decision
48. On behalf of the Applicant it was submitted that the conduct of the Visa Applicant in putting before the Respondent in his protection visa application the false representations was “mitigated by the fact that the false statements were wholly made up by his migration agent”. It was the migration agent who on the evidence “made up” the false representations. It was the Visa Applicant however who adopted such false representations and made them his own. The Visa Applicant acted with full knowledge of the fact that he was placing before the Respondent falsities and is to accept the consequences. It was further submitted on behalf of the Applicant that the false documents “were never likely to be of much assistance to his subclass 457 visa application”. This may well be true in that the Respondent may not in support of a valid application have required documentation. Experience may have been sufficient. However, this is not the point. The Visa Applicant was not aware of this possibility and thought by the making of false documents, to influence the Respondent in his favour.
49. Whilst it is true that the Visa Applicant did “confess” to his use of false documentation, this only occurred after an officer of the Respondent in Buenos Aires sought confirmation of the qualification claimed by the Visa Applicant. It was only then that the Applicant’s solicitors revealed to the Respondent the true nature of the documents.
50. It is further submitted on behalf of the Applicant that “there is no likelihood that the Visa Applicant’s conduct will be repeated”. This is said to be the position by reason of the Visa Applicant having “learned his lesson” and his being contrite and “completely open in confessing to his breaches”. Whilst accepting that the Visa Applicant is now contrite and is now sorry for the conduct in which he engaged, as earlier is indicated, the Tribunal is not satisfied that the Visa Applicant may not again engage in relevant improper conduct. The evidence given by friends and acquaintances does speak of the Visa Applicant being a person seen by them to be of good character. Full details of his conduct might, as it did with Mrs Babian, cause such an assessment to change. However, as earlier indicated, as objectively seen, the relevant conduct was very serious. It does reflect upon his character. It is also submitted that if a visa be granted there would be no need for the Visa Applicant to engage in conduct of a similar improper nature. This must depend upon the situation in which the Visa Applicant may well find himself in the future. He has a propensity to not tell the truth and a propensity to manufacture false documents. It is this propensity that impacts upon the relevant consideration.
51. The Tribunal is satisfied that the Visa Applicant believed that by engaging in deceptive conduct he would obtain an advantage for himself and Ms Aryan. The conduct on his part and its improper nature is not diminished in its seriousness by the presence of and participation of Mr Kork. Even after he had dispensed with the services of Mr Kork he maintained the falsities and indeed compounded such falsities by the presentation of the forged documents. The Visa Applicant remained in Australia illegally beyond the period of his visitor visa by dint of his obtaining a bridging visa, this on account of his having lodged a protection visa application based upon false representations. The falsity of the curriculum vitae could have been corrected when he retained his present solicitor. However, the Visa Applicant proceeded to create the false documents. His misconduct was serious and there is a risk of recidivism. The Tribunal is satisfied that the Visa Applicant is prepared to act in such manner as will enable him to achieve his own end. These findings are not outweighed by the limited business tie he has with the Applicant and Australia.
52. For the reasons herein before set forth the Tribunal is satisfied that the decision under review should be affirmed. The decision under review is affirmed.
I certify that the 52 preceding paragraphs are a true copy of the reasons for the decision herein of The Hon R N J Purvis Q.C., Deputy President
Signed: Neil Glaser
AssociateDate/s of Hearing 12 and 13 July 2004
Date of Decision 29 July 2004
Counsel for the Applicant Mr N Poynder
Solicitor for the Applicant Mr Houen
Solicitor for the Respondent Mr M Allatt
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