MARINO And MIGRATION AGENTS REGISTRATION AUTHORITY

[2003] AATA 694

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 694

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2001/1477

GENERAL ADMINISTRATIVE  DIVISION		)
Re		PAUL MARINO

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Ms N Bell, Member

Date24 July 2003

PlaceSydney

Decision The Tribunal affirms the decision under review.

[Sgd]  N Bell
  Member

CATCHWORDS

MIGRATION: Migration Agent – registration as non-fee charging agent – refusal of application for registration – whether Applicant fit and proper person or person of integrity –decision affirmed.

LEGISLATION

Migration Act 1958 section 290

Prostitution Control Act 1994 (Vic) sections 10, 22(1), 22(3)

CASE LAW

Department of Public Prosecutions v Glazner [2001] VSCA 204.

Prasad v Migration Agents Registration Authority [2002] AATA 423

Cunliffe v Commonwealth of Australia (1994) 182 CLR 272

Minister for Immigration and Multicultural v SRT [1999] FCA 1197

REASONS FOR DECISION

24 July 2003   Ms N Bell, Member         

1.      This is an application by Mr Paul Marino ("the Applicant") for review of the decision dated 14 June 2001 by the Migration Agents Registration Authority ("the Respondent") to refuse the Applicant's application for registration as a migration agent.  The Respondent refused on the basis that the Applicant is not a fit and proper person to be a migration agent.

2.      The Applicant had originally applied for registration as a not for profit basis agent and paid the appropriate application fee for that category of qualification. Later the Applicant informed the Respondent by telephone and in writing that he wished to apply as a fee-charging agent. He did not, however, forward any additional application fee.

3.      On 17 May 2002 the Tribunal decided that it had jurisdiction to review the decision to refuse the Applicant's registration as a non fee-charging agent, which is the decision under review.

BACKGROUND

4. A number of matters are not in dispute between the parties. In 1999 the Applicant was convicted of two counts of assisting in the carrying on of a prostitution service reckless as to whether section 22(1) is being contravened, in breach of section 22(3) of the Prostitution Control Act 1994 (Vic) ("the PC Act").  He was fined amounts of $300 and $2000 and sentenced to imprisonment for six months, suspended for 12 months. On appeal from conviction and sentence the County Court on 17 February 2000 varied the sentence to fines of $300 and $5000 with a stay of three months on the payment of fines.

5. The Applicant associated with Mr Garry Glazner, who was convicted, after a trial lasting over three weeks, on five counts of being an unlicensed prostitution service provider contrary to section 22 of the PC Act, and two counts of living on the earnings of prostitution contrary to section 10 of the PC Act. Mr Glazner was sentenced to an effective total term of 18 months imprisonment, wholly suspended for a period of two years and fined a total of $31,000.00. This was varied by the Court of Appeal in November 2001 to an effective…