Gu and Migration Agents Registration Authority

The Administrative Appeals Tribunal considered an application by Mr. Gu for a stay of a decision by the Migration Agents Registration Authority to cancel his registration as a migration agent. Mr. Gu sought the stay under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) pending the Tribunal's review of the cancellation decision. He argued that a stay was warranted due to his efforts to modify his business practices, the prospects of success of his application, and the substantial adverse effects cancellation would have on his clients and business.

The central legal issue before the Tribunal was whether granting a stay would have any practical effect, given the operation of section 300 of the *Migration Act 1953* (Cth). The Migration Agents Registration Authority contended that section 300 rendered any stay ineffective because it provides for the automatic continuation of a migration agent's registration under certain circumstances, even if a decision to cancel that registration is later stayed. The Authority argued that section 300(7) specifically states that the Authority is taken to have made a decision even if it is subsequently stayed.

The Tribunal reasoned that section 300 of the *Migration Act* dictates that a migration agent's registration continues automatically until the Authority makes a decision to suspend or cancel it, or until the application for renewal is decided, or for a maximum of 10 months. Crucially, section 300(7) provides that the Authority is taken to have made a decision even if that decision is later stayed. Therefore, the Tribunal concluded that the operation of section 300 would render any stay order ineffective, as the cancellation decision would still be considered made for the purposes of the Act. Consequently, the Tribunal found that a failure to grant a stay would not prejudice the effectiveness of the hearing and determination of the review application.

The Tribunal refused Mr. Gu's application for an order staying the operation or implementation of the reviewable decision.