Kadeh and Migration Agents Registration Authority (Migration)

This matter concerned an application by the Applicant, Kadeh, for a stay order and a confidentiality order in proceedings before the Migration Agents Registration Authority (the Respondent). The Applicant sought to stay the cancellation of his registration as a migration agent, which was due to cease at midnight on 3 December 2018, pending the determination of his substantive application for review of the Reviewable Decision.

The Tribunal was required to determine whether to grant a stay order and a confidentiality order. In relation to the stay order, the Tribunal considered the utility of granting such an order, given its limited duration, and the prospects of success of the Applicant's substantive application. The Tribunal also had regard to the interests of any persons who may be affected by the review, particularly in the context of the statutory scheme for the registration of migration agents, which is designed to protect vulnerable individuals seeking immigration assistance.

The Tribunal reasoned that the limited utility of a stay order, which would only be effective for one business day, weighed heavily against its grant. While the Applicant contended that the grounds for cancellation were unfounded, the Tribunal noted that it was not its role in an interlocutory application to conduct a review of the merits of the substantive arguments. The Tribunal also considered the public interest in the open conduct of proceedings, referencing the principle that reputational damage alone is generally insufficient reason to depart from this norm. The application for a stay order was refused.

The Tribunal also refused the application for a confidentiality order, finding that reputational damage would generally not be a sufficiently cogent reason to depart from the principle of open tribunal proceedings. The Applicant failed to satisfy the Tribunal that there were sufficient reasons for a departure from the norm.