Prasad and Migration Agents Registration Authority

[2002] AATA 423

DECISION AND REASONS FOR DECISION [2002] AATA 423

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2001/1832

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      Narendra Prasad  
  Applicant
           And    Migration Agents Registration Authority      
  Respondent

DECISION

Tribunal       Mr R P Handley, Deputy President         

Date3 June 2002

PlaceSydney

Decision      The Tribunal affirms the decision under review.           
  ..............................................
  R P Handley
  Deputy President
CATCHWORDS
MIGRATION AGENTS REGISTRATION AUTHORITY – refusal of registration as migration agent – whether the Tribunal is "comfortably satisfied" that the applicant is a fit and proper person to be registered as a migration agent – interpretation of 'person of integrity' and 'fit and proper person' – Tribunal is satisfied that the applicant is not a fit and proper person to be registered as a migration agent – decision of MARA affirmed.
Migration Act 1958 ss 290, 290(1)(2)(3), 303, 303(a)(e), 314, 314(2)
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Briginshaw v Briginshaw  (1938) 44 ALR 334
Hughes and Vale Pty Ltd v State of NSW (No 2) (1955) 93 CLR 127
Lilienthal v Migration Agents Registration Authority [2002] FCA 93
Re Hakaoro and Minister for Immigration ad Multicultural Affairs (1998) 26 AAR 534
Re Lilienthal and Migration Agents Registration Authority [2001] AATA 797
Re Prasad and Migration Agents Registration Authority [2001] AATA 942
Re SRH and Comptroller-General of Customs (1995) 21 AAR 401

REASONS FOR DECISION

3 June 2002           R P Handley                  

1. This is an application by Narendra Prasad ("the Applicant") for a review of the decision of the Migration Agents Registration Authority ("MARA") ("the Respondent") made on 19 November 2001 to refuse Mr Prasad's application for registration as a migration agent pursuant to s 290 of the Migration Act 1958 ("the Act"). At the hearing, the Applicant was represented by Craig Colborne, of Counsel, and the Respondent was represented by Tim Reilly, of Counsel. The evidence before the Tribunal comprised the documents produced pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 ("the T Documents"), together with the documents tendered by the parties. The Applicant gave evidence in person and Carina Ford gave evidence by telephone.
   BACKGROUND

2. This is the second application made by Mr Prasad to the Tribunal concerning his registration as a migration agent by the Respondent. On 15 November 2001, the Tribunal decided to set aside a decision of the Respondent made on 12 June 2001 to cancel Mr Prasad's registration as a migration agent pursuant to s 303(e) of the Act, following Mr Prasad being declared bankrupt and the Tribunal remitted the matter to the Respondent with a direction that Mr Prasad's registration as a migration agent should not have been cancelled: RePrasad and Migration Agents Registration Authority [2001] AATA 942. In the current proceedings, the parties invited the Tribunal to take into consideration the evidence before the Tribunal during the previous hearing. The matters referred to more fully in the current proceedings were not before the Tribunal at the previous hearing.

3. In September 1999, Mr Prasad received instructions from Mr Karuppia…