Kearney and Migration Agents Registration Authority

The Administrative Appeals Tribunal reviewed a decision by the Migration Agents Registration Authority (OMARA) to cancel the registration of Mrs Kearney, a registered migration agent. The dispute arose from multiple complaints alleging breaches of the Code of Conduct for registered migration agents, including lodging nomination applications and visa applications without the knowledge or permission of sponsoring businesses, and failing to maintain proper client records. OMARA had concluded that Mrs Kearney was not a person of integrity or otherwise a fit and proper person to provide migration assistance.

The Tribunal was required to determine whether Mrs Kearney had breached the Code of Conduct in force at the time of the alleged conduct, and if so, whether the cancellation of her registration was an appropriate sanction. Specifically, the Tribunal considered whether Mrs Kearney had lodged nominations without authority, failed to enter into service agreements, failed to keep required records, and whether she was complicit in or indifferent to fraudulent conduct. The Tribunal also had to consider the appropriate sanction, given the number and duration of the breaches.

The Tribunal found that Mrs Kearney had breached provisions of the Code of Conduct, including those relating to providing written agreements, confirming client instructions, maintaining file notes, and not providing misleading information. While Mrs Kearney admitted certain breaches concerning record-keeping, the Tribunal found more serious issues, particularly in relation to the "Aromas" nomination. The Tribunal was satisfied that a letter from an accounting firm had been altered, and that Mrs Kearney should have recognised the alteration and the doubtful date of the letter. Furthermore, despite receiving direct communication from the business owner indicating a lack of knowledge about the visa nominee and sponsorship, Mrs Kearney persisted in providing information to the Department. The Tribunal concluded that Mrs Kearney was not a person of integrity or a fit and proper person to provide immigration assistance.

The Tribunal affirmed OMARA's decision to cancel Mrs Kearney's registration as a migration agent. The cancellation was for a period of five years, ending on 28 June 2028. The Tribunal also made an order, with the consent of the parties, to anonymise a person referred to as 'SWWJ' due to ongoing court proceedings involving that individual, to avoid prejudicing those proceedings.