Liu and Migration Agents Registration Authority

This matter concerned an application by a registered migration agent to review a decision by the Migration Agents Registration Authority. The applicant had lodged three visa applications on behalf of purported clients, which were subsequently found to be based on fraudulent documents and instructions, as the purported clients and their employer had no knowledge of the applications. The applicant had no prior disciplinary history and had been registered since 2009.

The legal issues before the Tribunal were whether the applicant had breached clauses of the migration agents Code of Conduct, specifically concerning acting in accordance with the law and the legitimate interests of clients, dealing with clients competently, diligently, and fairly, confirming instructions in writing, acting in accordance with client instructions, keeping clients informed, and not making misleading statements or misleading the Authority. The Tribunal also considered whether the applicant was a person of integrity or otherwise not a fit and proper person to give immigration assistance, as contemplated by section 303(1)(d)(g) of the Migration Act 1958 (Cth).

The Tribunal found the applicant to be a credible and truthful witness who acknowledged her mistakes and faced her responsibilities. Despite the fraudulent nature of the applications, the Tribunal accepted the applicant's evidence that she had not knowingly made misleading statements or misled the Authority, but rather had been deceived by a third party, Howard Hu. The Tribunal concluded that while the applicant had breached certain provisions of the Code of Conduct, the reviewable decision to cancel her registration was not the correct or preferable sanction. The Tribunal set aside the Authority's decision and substituted it with a suspension of the applicant's registration for 12 months, commencing from 8 March 2021. Furthermore, the applicant's registration was not to be renewed until she provided evidence of completing 10 Continuing Professional Development points in professional standards and ethics, and a statutory declaration confirming she had not provided immigration assistance for a fee, advertised immigration assistance, or given immigration assistance during her suspension.