Lee and Migration Agents Registration Authority

This matter concerned an application by Ms Lee for an extension of time to seek review of a decision by the Migration Agents Registration Authority (MARA) to cancel her registration as a migration agent. MARA had cancelled Ms Lee's registration due to serious findings of misconduct, including failing to advise clients of visa outcomes, failing to lodge applications within timeframes, non-compliance with trust accounting requirements, and fabricating evidence. The Tribunal was required to determine whether to grant a second application for an extension of time to lodge an application for review, following a previous refusal.

The central legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant an extension of time under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider factors such as an acceptable explanation for the delay, whether the applicant had rested on her rights, prejudice to the respondent or the public, and the merits of the substantive application. The Tribunal also implicitly considered whether principles such as *functus officio*, estoppel, or *res judicata* might limit its jurisdiction, and whether the application constituted an abuse of process, although these were not the primary focus of the decision.

The Tribunal reasoned that in the absence of a substantive case, other factors took precedence. It found that considerable prejudice to the respondent, the public interest, and the significant period of time that had elapsed since Ms Lee was informed of the decision weighed against granting an extension. The Tribunal noted that while there were indications Ms Lee may have been unwell, she had not provided substantive evidence of illness or a medical diagnosis, and therefore no relevant mitigating circumstances were established. Consequently, the Tribunal was satisfied that it should not exercise its discretion to extend the time for Ms Lee to make her application for review.

The Tribunal refused the application for an extension of time to lodge an application for review of MARA's decision to cancel Ms Lee's registration as a migration agent.