Maarbani and Migration Agents Registration Authority

[2008] AATA 727

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 727

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/913

GENERAL ADMINISTRATIVE DIVISION		)
Re		MOHAMMED MAARBANI

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Mr D Connolly AM, Member

Date20 August 2008

PlaceSydney

Decision The decision under review is affirmed.

................[sgd]..............................

Mr D Connolly AM
  Member

CATCHWORDS

MIGRATION – migration agent registration – cancellation of registration – fit and proper person to give migration assistance – person of integrity – breaches of MARA’s Code of Conduct – applicant not a person of integrity and not a fit and proper person to give migration assistance – decision under review affirmed

Migration Act 1958 – Sections 303, 308, 309, 313, 314, 347

Migration Agents Regulations 1998 – Clauses 2.1, 2.8, 2.9, 2.19, 2.21, 2.23, 3.2A, 5.1, 5.2, 5.4, 5.5, 6.1, 6.3, 7.1, 7.1A, 7.2

Re Peng and Department of Immigration [1998] AATA 12

Lilienthal v Migration Agents Registration Authority (2002) 117 FCR 558; [2002] FCA 93

Woods v Migration Agents Registration Authority (2004) 39 AAR 519; [2004] FCA 1622

Briginshaw v Briginshaw (1938) 60 CLR 336

REASONS FOR DECISION

20 August 2008	Mr D Connolly AM, Member
BACKGROUND

1. The Applicant, Mr Mohammed Maarbani, applied to the Administrative Appeals Tribunal (“the Tribunal”) seeking a review of the decision made on 19 February 2007 by the Migration Agents Registration Authority (“MARA”) pursuant to s 303(1)(a) of the Migration Act 1958 (“the Act”), to cancel Mr Maarbani’s migration agent registration. Mara found that:

·pursuant to s 303(1)(h) of the Act, Mr Maarbani failed to comply with any, or all, of clauses 2.1, 2.8, 2.9, 2.19, 2.21, 2.23, 3.2A, 5.1, 5.2, 5.4, 5.5, 6.1, 6.3, 7.1, 7.1A, and 7.2 of the Code of Conduct for migration agents, as at 1 July 2005 (“the Code”), prescribed by the Migration Agents Regulations 1998, pursuant to s 314(1) of the Act;

·pursuant to s 303(1)(f) of the Act, Mr Maarbani was not a person of integrity or otherwise a fit and proper person to give migration assistance

2. Mr Maarbani was first registered as a migration agent under Part 3 of the Act on 18 September 1997 with the Registered Migration Agents Number 9793353.

3.      On 1 June 2006 Mr Maarbani was cautioned by MARA for 12 months and until he completed private tuition in ethics, professional practice, record keeping and file management on the basis that MARA had found that Mr Maarbani had failed to properly supervise staff, failed to return client files and documents when requested by clients, failed to provide client files to the MARA when requested, failed to keep clients informed in writing and failed to maintain proper files.

4.      Subsequently, MARA received 3 separate complaints relating to Mr Maarbani which were investigated. The result of that investigation was MARA’s decision of 19 February 2007.

ISSUES

5.      The issues before the Tribunal are whether Mr Maarbani has failed to comply with the Code, and whether he is a person…