Mathews and Migration Agents Registration Authority

This matter concerned an application for an interlocutory stay of a decision by the Migration Agents Registration Authority to suspend the registration of Mr Mathews. The applicant sought to prevent the suspension from taking effect pending a final determination of his appeal against the Authority's decision.

The primary legal issue before the Tribunal was whether it had the power to grant a stay of the Authority's suspension decision during a period where the applicant's registration was automatically continued under the *Migration Act 1958* (Cth). The Tribunal was required to consider the legislative scheme governing migration agent registration and the implications of an automatic continuation of registration on the operation of a suspension decision.

The Tribunal referred to the Federal Court's decision in *Gruszka*, which established that the scheme of the Act does not contemplate the Tribunal staying the operation of a suspension during a period of extended registration. Applying this precedent, the Tribunal reasoned that the legislative framework prioritised the Authority's power to suspend registration, and that such a suspension would operate notwithstanding any automatic continuation of registration. Consequently, the Tribunal concluded it lacked the power to grant the requested stay.

The application for an interlocutory stay was therefore refused.