Paddock and Migration Agents Registration Authority (Migration)

This matter concerned an application by Ms Paddock to review a decision by the Migration Agents Registration Authority (MARA) to bar her from being a registered migration agent for a period of five years. The dispute arose from complaints made by Mr Bui concerning Ms Paddock's conduct as a registered migration agent. MARA's decision was based on findings that Ms Paddock had failed to act diligently, charged excessive fees, and lodged a visa application without client consent.

The Tribunal was required to determine whether Ms Paddock had complied with the Migration Agents Code of Conduct, specifically in relation to acting diligently, charging reasonable fees, and obtaining client consent before lodging applications. The Tribunal also had to consider the evidence before it at the time of its decision-making, including any new or additional material not available to MARA.

The Tribunal applied the principles established in *Shi v Migration Agents Registration Authority* [2008] HCA 31, which affirmed that the Tribunal must make its decision based on the most up-to-date material available to it, as the primary object of MARA's disciplinary powers is the protection of the public, not the punishment of agents. The Tribunal considered Ms Paddock's oral and written evidence, including her assertions that she acted on client instructions, had a written fee agreement, and that laptop issues led to the loss of documentation. However, the Tribunal also considered evidence from MARA and departmental records, including findings that Ms Paddock failed to act on instructions to withdraw a nomination, did not advise of a visa refusal, charged fees significantly higher than the industry average, and lodged an application without clear authorisation, with a subsequent withdrawal of a different application using the same reference number.

The Tribunal affirmed MARA's decision to bar Ms Paddock from registration for five years, finding that the complaints were substantiated.