Hudson and Migration Agents Registration Authority

[2004] AATA 1007

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1007

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No V2004/103

GENERAL ADMINISTRATIVE DIVISION		)
Re		RORY HUDSON

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Senior Member Dwyer

Date24 September 2004 

PlaceMelbourne

Decision

The Tribunal sets aside the decision under review and in substitution decides that Dr Hudson be cautioned in accordance with s 303(c) of the Migration Act 1958.   

I reserve liberty to the parties to apply if any questions should arise as to the implementation of this decision.

[sgd] Joan Dwyer

Senior Member

MIGRATION AGENTS’ REGISTRATION – suspension of applicant’s registration as migration agent – applicant destroyed documents relating to person to whom he had given advice and on whose behalf he had lodged an appointment of agent form with Department of Immigration and Multicultural and Indigenous Affairs – did not advise client or Department he had ceased to act for client – whether applicant breached the Code of Conduct for migration agents prescribed under Migration Agents’ Regulations 1998 – meaning of “client” in Migration Act 1958 and Code of Conduct – “client” someone to whom agent gives “immigration assistance” – “client” given the same meaning as in s 306C Migration Act 1958 – finding that there was “immigration assistance” and “client” relationship – finding that Code of Conduct breached – no finding that applicant not a fit and proper person to give immigration assistance – purpose of scheme is to protect the public not to punish – no reason for suspension – reason to decide that agent be cautioned under s 303(c) – decision under review set aside.

LAW REFORM – amendments suggested to add definition of “client” to Migration Act 1958 and/or to Code of Conduct for migration agents authorised by s 314(1) of the Migration Act 1958.

Acts Interpretation Act 1901, s 46(1)
Migration Act 1958, ss 286, 303, 306, 306C
Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004.

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Re Griffiths and Migration Agents Registration Authority [2002] AATA 247
Re Hakaoro and Minister for Immigration and Multicultural Affairs (1998) 26 AAR 534
Hanna v Migration Agents Registration Authority (1999) 30 AAR 422
Hughes and Vale Pty Ltd v The State of New South Wales [N°2] (1955) 93 CLR 127

Re Prasad and Migration Agents Registration Authority [2002] AATA 423

REASONS FOR DECISION

24 September 2004 Senior Member Dwyer       

1. This is an application under s 306 of the Migration Act 1958 (“the Act”) for review of a decision of the Migration Agents Registration Authority (“MARA”) made on 2 February 2004, in which MARA decided to :

Suspend the Agent’s [Dr Hudson’s] registration for a period of twenty four months or until the following conditions have been satisfied:

(i)The Agent provides evidence to the Authority that he has successfully completed the MAPKEE [Migration Agents Professional Knowledge Entry Examination] examination after the commencement of his suspension; and

(ii)The Agent provides to the…