Levingston v Office of the Migration Agents Registration Authority

The Administrative Appeals Tribunal (AAT) considered the application of Mr Levingston for registration as a migration agent, which had been refused by the Office of the Migration Agents Registration Authority (OMARA). Mr Levingston sought review of the OMARA's decision.

The Tribunal was required to determine whether Mr Levingston was a fit and proper person to be a registered migration agent, having regard to the matters specified in section 151(2) of the Migration Agents Regulations 1998 (Cth). This involved assessing whether Mr Levingston had engaged in conduct that was dishonest or otherwise improper, and whether he had contravened any provisions of the Migration Act 1958 (Cth) or its associated regulations.

In its reasoning, the Tribunal applied the principles of administrative review, considering all relevant evidence and submissions. It found that Mr Levingston had failed to disclose material information to the OMARA during the registration process, specifically regarding his prior disciplinary history with another regulatory body. The Tribunal concluded that this failure to disclose, coupled with other instances of misleading conduct, demonstrated a lack of honesty and integrity, rendering him not a fit and proper person to be registered. The Tribunal affirmed the decision of the OMARA to refuse registration.