Maarbani and Migration Agents Registration Authority

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1109

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   N2003/835

GENERAL ADMINISTRATIVE  DIVISION		)
Re		Mohammed Maarbani

Applicant

And Migration Agents Registration Authority

Respondent

DECISION

Tribunal Mr RP Handley, Deputy President

Date10 June 2003

PlaceSydney  

Decision

Having heard the parties at a Stay Hearing on 10 June 2003, and having considered the Applicant’s grounds for a request for a “Stay” order pursuant to s 41(2) of the Administrative Appeals Tribunal Act 1975, the Tribunal stays the decision of the Respondent of 20 May 2003 until 17 July 2003 subject to the following conditions:

a)    the Applicant is to maintain separate clients’ and operating accounts as required to achieve compliance with clause 7.1 of the Migration Agents’ Code of Conduct;

b)    the Applicant is to include a statement in his contracts with his clients to achieve compliance with clause 11.3 of the Migration Agents’ Code of Conduct.

The Tribunal will arrange an expedited hearing in this matter, and a Telephone Directions Hearing to discuss progress, the latter being in about two weeks time according to the availability of the parties and the Tribunal.

...............................................

RP Handley
  Deputy President 

REASONS FOR DECISION

28 August 2003 Mr RP Handley, Deputy President          

1.      The Stay Order was made on 10 June 2003.  The Respondent subsequently requested a Statement of Reasons for this decision which were prepared on 28 August 2003.

2. This matter involves an application by Mohammed Maarbani (“the Applicant”) lodged on 21 May 2003 for a Stay Order pursuant to s 41(2) of the Administrative Appeals Tribunal Act 1975 in respect of a decision made by the Migration Agents Registration Authority (“the Respondent”) on 20 May 2003 to refuse the Applicant’s application for renewal of his registration as a migration agent. The Respondent refused his application pursuant to s 290 of the Migration Act 1958 on the ground that the Applicant was not a fit and proper person to give immigration assistance or a person of integrity, having breached clauses 7.1(b) and 11.3 of the Code of Conduct set out in Schedule 2 of the Migration Agents Registration Regulations 1998.

3.      At the hearing, the Applicant was represented by Craig Colborne, of Counsel, and the Respondent was represented by Andras Markus, Solicitor, of the Australian Government Solicitor’s office.

4. Mr Colborne noted that the Applicant’s registration as a migration agent expired on 18 September 2002, the day on which the Applicant lodged his application for renewal of that registration. Section 300(1) of the Migration Act 1958 provides for automatic continuation of a person’s registration pending the Respondent’s decision on the person’s application for renewal of that registration.  Subsection 300(2) should also be noted:

(2)       However, if the Authority has not decided to registration application before the end of the period of 10 months beginning on the day after the expiry date, the application is taken to have been granted at the end of that period.

5.      Mr Colborne said the Applicant…