Nah and Migration Agents Registration Authority (Migration)

Dr Ki Chune Nah, a registered migration agent, sought review of a decision by the Office of the Migration Agents Registration Authority (the Respondent) to cancel his registration. The cancellation was based on allegations that Dr Nah was not a person of integrity, not fit and proper to provide immigration assistance, dishonest, and had not dealt with his client competently, diligently, and fairly, nor taken all reasonable steps to maintain the reputation and integrity of the migration advice profession. The dispute arose from advice provided by Dr Nah to a client, Mr Soohwan Lee, following the refusal of Mr Lee's student visa application.

The primary legal issue before the Court was whether the Respondent's decision to cancel Dr Nah's registration was justified. This required the Court to determine if Dr Nah's conduct, particularly in relation to an email sent to Mr Lee on 12 May 2017, demonstrated a lack of integrity, honesty, or competence, and whether it breached the Code of Conduct for migration agents, specifically clause 2.23 concerning the maintenance of the profession's reputation and integrity. The Court also considered whether the advice given by Dr Nah was consistent with Mr Lee's actual intentions for returning to Australia and whether Dr Nah had adequately considered Mr Lee's circumstances.

The Court considered Dr Nah's submission that the email was a genuine attempt to provide advice in difficult circumstances, arguing that Mr Lee had raised the possibility of changing his name. However, the Respondent contended that the email plainly advised Mr Lee to return to Korea, change his name, and re-enter Australia under a new identity to avoid detection of his previous migration history, and that Dr Nah knew Mr Lee did not intend to be a genuine tourist. The Court found that Dr Nah's advice was inconsistent with Mr Lee's stated purpose for returning to Australia and that Dr Nah should have had express regard to Mr Lee's circumstances. The Court concluded that the sanction of cancellation was appropriate for the protection of the public and to maintain public confidence in registered agents.

Accordingly, the reviewable decision made by the Office of the Migration Agents Registration Authority on 8 October 2018 was affirmed.