Narayanan and Migration Agents' Registration Authority

[2006] AATA 353

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 353

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No W2004/331

GENERAL ADMINISTRATIVE DIVISION		)
Re		CHRISTOPHER GERALD NARAYANAN

Applicant

And MIGRATION AGENTS' REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Mr S Penglis, Senior Member

Date30 March 2006

PlacePerth

Decision

1.       The reviewable decision of the respondent made on 23 August 2004 is set aside.

2. In lieu thereof the applicant is barred pursuant to s 311A of the Migration Act 1958 (Cth) from being a registered migration agent for a period of 2 years and 3 months, commencing on 23 August 2004 and concluding on 22 November 2006.

.....    ...(sgd S Penglis)............

Senior Member

CATCHWORDS

Immigration & Citizenship – breach of Code of Conduct by migration agent – applicant failed to, amongst other things, ensure a written agreement existed between himself and his client and that the written agreement made reference to the Code of Conduct – applicant charged for services said to be “free” and sought payment from client before providing the client a statement of services – barring order considered appropriate – period reduced from 5 years to 2 years 3 months.

Immigration & Citizenship – meaning of “immigration assistance”.

Practice & Procedure - power of Tribunal to consider evidence and potential breaches of Code not considered by respondent but arising out of complaints determined by respondent – Tribunal has power to consider such matters

LEGISLATION

Administrative Appeal Tribunal Act, 1975 (Cth), ss 41(7) and 43 (1)

Migration Act, 1958 (Cth), ss 5(1), 276, 311A, 311B,311D and 313(1)

Code of Conduct, cl 2.1(b), 2.8(a), 2.21, 3.2, 5.1, 5.5(a), 6.1, 7.2, 10 and 11.3

CASES

Briginshaw v Briginshaw (1938) 60 CLR 336

Re Bryan Lawler Automotives Pty Ltd v Collector of Customs (NSW) (1978) 1 ALD 167

Rozsy v Migration Agents Registration Authority (W2003/188)

Griffiths v Migration Agents Registration Authority [2001] AATA 240

Hannah v Migration Agents Registration Authority [2000] AATA 821

Hartnett v Migration Agents Registration Authority [2004] FCAFC 269

Donald and Australian securities and Investments Commission [2001] AATA 66

Rich v Australian Securities and Investments Commission [2004] HCA 42

Andrew William Donald and the Australian Securities & Investments Commission (2001) AATA 8366, (2001) AATA 622 and (2003) FCAFC 318

Wang and Migration Agents Registration Authority [2005] AATA 628

Kari and Migration Agents Registration Authority [2006] AATA 42   

REASONS FOR DECISION

30 March 2006 Mr S Penglis, Senior Member       

INTRODUCTION

3. By decision dated 23 August 2004, the respondent, purportedly acting pursuant to s 311B of the Migration Act 1958 (“the Act”), determined to bar the applicant from being a registered agent for a period of 5 years on the stated basis that the respondent “was satisfied pursuant to s 311A(1) of the Act that the (applicant) had not complied with the Code of Conduct prescribed under s 314(1) of the Act as enforced from time to time and that the (applicant) is not a person of integrity or otherwise not a fit and proper person to give immigration assistance”.