Nima Mottaghi v Migration Agents Registration Authority

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 60

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No S2006/47

GENERAL ADMINISTRATIVE DIVISION		)
Re		NIMA MOTTAGHI

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Deputy President D G Jarvis

Date15 February 2007

PlaceAdelaide

Decision The tribunal affirms the decision under review.

D.G. Jarvis
  (Signed)
  Deputy President

(b)      whether I am satisfied that Mr Mottaghi is not a person of integrity;

(c)whether the application should be dismissed pursuant to s 42B of the Administrative Appeals Tribunal Act 1975 (Cth) (the “AAT Act”), on the grounds that its determination would be of no practical utility.

5. For the reasons set out below, I am satisfied that Mr Mottaghi is not a fit and proper person to give immigration assistance, but I am not satisfied that he is not a person of integrity. I have also concluded that it is not appropriate to dismiss the application under s 42B of the AAT Act.

Background

6.      The following background facts are not in dispute, and are based on those parts of the applicant’s witness statement (exhibit A1) which are not challenged by the respondent, and on other records included in the T Documents (exhibit R1).

7.      Mr Mottaghi is aged thirty one, having been born on 31 July 1975.  He migrated to Australia with his family in 1991 from Tehran, Iran.  His parents came to Australia as skilled migrants.  He has one sister.

8.      He completed his secondary education, and started a degree in civil aviation at the University of South Australia in 1995, but had to work to support himself, and found that he was too tired to continue his studies.

9.      He had moved out of home when he commenced his studies, and was estranged from his parents for almost three years.  After that he moved back home and worked in a computer store as a salesperson, and then as a computer technician.  In 2002 he became a NAATI accredited interpreter, and worked as a subcontractor for organisations that specialise in legal and commercial matters.

10.     Through his work as an interpreter he became exposed to immigration work, which he found very interesting.  He became involved with the Refugee Advocacy Service of South Australia as he wanted to help Iranians and Afghans who were seeking refugee status in Australia.  He volunteered his interpreting services because he wanted to give something back to the community.  He also worked with a number of lawyers and migration agents who acted on a pro bono basis for asylum seekers held in detention at the Woomera and Baxter detention centres.

11.     In the course of this work Mr Mottaghi met Ms Libby Hogarth, who is the principal of the migration agency Libby Hogarth and Associates.  He commenced working with that agency late in 2004 on a subcontracting basis, providing interpreting, administrative and computer assistance.  After observing the work done by Ms Hogarth and Mr Van Arend, who works with her, Mr Mottaghi…