Khurana and Migration Agents Registration Authority

This matter concerned a review of the Migration Agents Registration Authority's decision to cancel Ms Khurana's registration as a migration agent. The dispute arose from six complaints lodged between August and September 2018, alleging misconduct by Ms Khurana's employee, Ms Lertprasert. These complaints detailed instances of fraudulent documents, misdirection of client funds into Ms Lertprasert's personal account, and failure to remit tuition fees to educational providers, resulting in significant financial loss to clients. Ms Lertprasert was subsequently found guilty of dishonestly obtaining financial advantage by deception.

The court was required to determine whether Ms Khurana was a person of integrity and otherwise a fit and proper person to provide immigration assistance, and if so, what the appropriate sanction should be under the Migration Act 1958 (Cth). The Authority had concluded that Ms Khurana was not a fit and proper person and had cancelled her registration.

Deputy J W Constance P found that Ms Khurana's supervision and control of Ms Lertprasert were insufficient, and that Ms Khurana failed to appreciate her own breaches of the Code of Conduct. While Ms Khurana was aware that Ms Lertprasert was acting dishonestly, including receiving client money into her personal account, the court was not satisfied that Ms Khurana had taken adequate steps to prevent this conduct or to ensure compliance with her obligations. The court applied the principles of assessing a migration agent's fitness and propriety, considering their honesty, integrity, and adherence to professional standards.

The court set aside the Authority's decision to cancel Ms Khurana's registration. In substitution, it was decided that Ms Khurana's registration as a migration agent would be suspended until 3 January 2023.