Nguyen and Migration Agents Registration Authority

The Administrative Appeals Tribunal reviewed a decision by the Migration Agents Registration Authority (the Authority) to cancel Mr Nguyen's registration as a migration agent. The cancellation followed four complaints made against Mr Nguyen during 2013, and a further complaint initiated by the Authority itself in 2014. These complaints raised concerns about Mr Nguyen's conduct, specifically whether he was a person of integrity, had breached the Code of Conduct for registered migration agents, had misled the Authority, and had failed to adequately supervise his staff.

The Tribunal was required to determine whether Mr Nguyen was a person of integrity and had complied with the Code of Conduct, as contemplated by section 303 of the Migration Act 1958 (Cth). This involved assessing the evidence presented in relation to the complaints and Mr Nguyen's responses. The Tribunal also considered the weight to be given to Mr Nguyen's evidence, particularly in light of his conduct during the proceedings.

The Tribunal found Mr Nguyen to be an unreliable witness, noting his evasiveness when questioned and his failure to provide requested client files. Applying the principles in *Briginshaw v Briginshaw*, the Tribunal concluded that Mr Nguyen had not been candid and frank with the Tribunal. Based on the evidence, including findings of misleading advertising and a failure to properly supervise staff, the Tribunal was satisfied that Mr Nguyen was not a person of integrity and had not complied with the Code of Conduct.

Consequently, the Tribunal affirmed the Authority's decision to cancel Mr Nguyen's registration as a migration agent. The Tribunal further ordered that Mr Nguyen not be eligible for registration for at least five years from the date of the Authority's decision, 14 December 2017, for the protection of the public.