Kazacos and Migration Agents Registration Authority - [2007] AATA 1034

Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2007] AATA 1034
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2006/1262

GENERAL ADMINISTRATIVE DIVISION )

Re PARRIS KAZACOS

Applicant

And

MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Senior Member M D Allen
Date31 January 2007
PlaceSydney

Decision
The decision under review is SET ASIDE and the Tribunal substitutes in lieu thereof its decision namely:

THAT Parris Kazacos is suspended from practice as a Migration Agent as and from the close of business on the 18^th day of September 2006 up to and including the 31^st day of January 2007 at least.

AND THAT the lifting of any suspension of the Agent’s right to practice is dependant upon him complying with the following conditions, namely:

   i.    The successful completion of private tuition in Professional Ethics for a minimum of four hours conducted by an individual or individuals approved by the Migration Agents’ Registration Authority who is either an immigration law specialist or a Migration Agent with a minimum seven years experience; and

    ii.    The Agent provides to the Migration Agents’ Registration Authority a statutory declaration in Commonwealth form stating that he has not made immigration representations for a fee or given immigration assistance as defined in the Migration Act 1958 while suspended.

(Sgd) M.D. ALLEN

  ...........................................

Senior Member

CATCHWORDS
MIGRATION AGENT – Code of Conduct – discussion of the ability of a migration agent to incorporate his or her practice – findings made in relation to a number of breaches with respect to three former clients – decision under review set aside and substituted with Tribunal’s decision that the Applicant is suspended from practice from 18 September 2006 to 31 January 2007 at least, and the suspension lifted upon fulfilment of conditions imposed.
Migration Act 1958 – ss 276, 280, 286, 314
Acts Interpretation Act 1901 – para 22(1)(aa)
Legal Profession Act 2004 – ss 141, 143, 150
Re Hudson v Migration Agents Registration Authority [2004] AATA 1007
Hanna v Migration Agents Registration Authority [1999] FCA 1657
REASONS FOR DECISION

31 January 2007 Senior Member M D Allen

1.      By application made the 22^nd day of September 2006, the Applicant sought review of a decision by the Respondent made the 18^th day of September 2006, suspending his registration as a Migration Agent for a minimum period of six months and imposing conditions to be fulfilled before the lifting of the suspension.
2.      The decision of the Respondent was made following findings that the Applicant had breached clauses of the Migration Agents Code of Conduct.
3. Section 314 of the Migration Act 1958 provides that Migration Agents must conduct themselves in accordance with a Code of Conduct, and the said Code is at Schedule 2 to the Migration Agents Regulations 1998. So far as the present proceedings are concerned, it is alleged that the Applicant breached the following provisions of the code with respect to the following former clients, namely:
(a)Mr Wilkinson – Clauses 2.1 and 2.7
(b)Mr MacDonald…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Kazacos and Migration Agents Registration Authority

Details

AGLC: Kazacos and Migration Agents Registration Authority [2007] AATA 1034
Case: [2007] AATA 1034
Decision Date: 31 January 2007

CaseChat Overview and Summary

Kazacos, a registered migration agent, was found to have breached the Migration Agent Code of Conduct regarding his ability to incorporate his practice. The dispute reached the Administrative Appeals Tribunal, where the Tribunal reviewed a decision made by the Migration Agents Registration Authority (MARA). The Tribunal was tasked with determining the appropriate sanctions for Kazacos's breaches concerning three former clients. The legal issues centred around the extent of Kazacos's breaches and the corresponding penalties that should be imposed under the Migration Act 1958 and the Legal Profession Act 2004. The Tribunal had to balance the need to protect the public and maintain the integrity of the migration industry against the interests of Kazacos as a registered agent.

The Tribunal found Kazacos guilty of several breaches, including acting without competence and diligence, failing to maintain professional indemnity insurance, and making misleading statements. These findings led the Tribunal to conclude that a suspension was warranted. The Tribunal ordered that Kazacos be suspended from practice from 18 September 2006 to 31 January 2007, with conditions for lifting the suspension. These conditions included completing professional ethics training and providing a statutory declaration that he had not engaged in immigration services during his suspension. The Tribunal considered the precedent set by similar cases, such as Re Hudson v Migration Agents Registration Authority and Hanna v Migration Agents Registration Authority, in reaching its decision.

In setting aside the MARA's decision, the Tribunal substituted its own decision, imposing a suspension with specific conditions to ensure Kazacos's future compliance with professional standards. The Tribunal’s decision highlights the importance of adhering to the Migration Agent Code of Conduct and the potential consequences of failing to do so. The final orders reflect the Tribunal's intention to balance disciplinary action with the opportunity for Kazacos to rectify his professional conduct.

Orders

Orders of the court

The decision under review is SET ASIDE and the Tribunal substitutes in lieu thereof its decision namely:

THAT Parris Kazacos is suspended from practice as a Migration Agent as and from the close of business on the 18th day of September 2006 up to and including the 31st day of January 2007 at least.

AND THAT the lifting of any suspension of the Agent’s right to practice is dependant upon him complying with the following conditions, namely:

i. The successful completion of private tuition in Professional Ethics for a minimum of four hours conducted by an individual or individuals approved by the Migration Agents’ Registration Authority who is either an immigration law specialist or a Migration Agent with a minimum seven years experience; and

ii. The Agent provides to the Migration Agents’ Registration Authority a statutory declaration in Commonwealth form stating that he has not made immigration representations for a fee or given immigration assistance as defined in the Migration Act 1958 while suspended.

(Sgd) M.D. ALLEN

...........................................

Senior Member

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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GENERAL ADMINISTRATIVE DIVISION		)
Re		PARRIS KAZACOS