Issa and Migration Agents Registration Authority

This matter concerned an appeal by Mr. Issa against a decision by the Migration Agents Registration Authority (MARA) to cancel his registration as a migration agent. The dispute arose from MARA's findings that Mr. Issa had breached the Code of Conduct for migration agents and was not a fit and proper person to provide immigration assistance. The decision was reviewed by the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr. Issa had contravened the Code of Conduct for migration agents, specifically in relation to his handling of protection visa applications. This included assessing whether he had failed to deal with clients competently, diligently, and fairly, had not had due regard to his clients' dependence on his knowledge, and had not met standards of frankness and candour regarding the prospects of success for applications. The Tribunal also considered whether Mr. Issa had failed to advise clients on applications that were vexatious or grossly unfounded, and whether he had provided sufficient relevant information to the Department or review authorities.

The Tribunal rejected MARA's allegations of fraud against Mr. Issa. However, it found that MARA's underlying complaint, that Mr. Issa's conduct in handling protection visa applications was primarily aimed at prolonging his clients' presence in Australia rather than complying with his professional obligations, was substantiated in relation to some matters. The Tribunal noted that MARA's decision to cancel Mr. Issa's registration was influenced by its satisfaction that he had fabricated or assisted in fabricating claims, particularly concerning a breach of Code clause 2.23. As the fraud allegations were not sustained, the contention regarding breach of clause 2.23, to the extent it relied on those same factual matters, also fell away. Consequently, MARA's criticisms were reduced to Mr. Issa uncritically acting on client instructions, conveying misleading impressions about the merits of applications, and co-operating in the submission of applications he knew lacked merit.

On 10 October 2014, MARA had decided to cancel Mr. Issa's registration as a migration agent, disqualifying him for five years and preventing him from lawfully continuing to provide immigration assistance other than legal assistance. This decision followed concerns raised in November 2011 by the Principal Member of the Migration Review Tribunal and the Refugee Review Tribunal regarding Mr. Issa's possible breaches of Code obligations relating to lawfulness, diligence, and competence. These concerns included a high proportion of tribunal hearings cancelled at his request, similarities in protection visa applications with questionable claims, and issues with supporting evidence.