Reptis and Migration Agents Registration Authority

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 41

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/197-198

GENERAL ADMINISTRATIVE DIVISION		)
Re		YINI AND LADISLAV REPTIS

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Senior Member B J McCabe

Date20 January 2006

PlaceBrisbane

Decision The decisions under review are set aside. In substitution, the Tribunal decides the registration of Mr Ladislav Reptis is suspended for 12 months commencing on 14 March 2005. The registration of Ms Yini Reptis is suspended for 18 months commencing on 14 March 2005

..................[Sgd]............................

SENIOR MEMBER

5.      Mr and Ms Reptis both gave evidence at the hearing. Mrs Liu-Wu Fong-Yin (Mrs Liu) – whose son made the original complaint – gave evidence through an interpreter. The respondent proposed to call Mrs Liu’s son, Te-Chuan Lin, to give evidence by telephone. Mr Lin resides in Taiwan. The applicants took objection to this course: it was argued that credit was an issue and Mr Lin ought to be required to give his evidence in person. The respondent agreed to rely on the evidence of Mrs Liu.

6.      Mr Nevison of counsel represented the applicants. Mr Lo represented the respondent.

the facts

7.      Mr Reptis was born in Slovakia on 11 October 1953. He migrated to Australia in 1983 and subsequently became an Australian citizen. He is an educated man: he holds degrees in linguistics and arts. He met his future wife on 11 October 1990 – his birthday. The future Ms Reptis was born in Taiwan on 28 April 1971. She arrived in Australia to study English in 1990, when she met her future husband. They subsequently married in Taiwan.

8.      Mr Reptis decided to become a registered migration agent. He completed the required course of study and was registered in February 1995.

9.      Mr and Ms Reptis lived together in Taiwan between 1996 and 1999 before returning to Australia in 1999. Mr Reptis worked as a migration agent while he resided in Taiwan. He operated out of premises belonging to his wife. He continued his business in Australia until his registration was cancelled in 2005.

10.     The couple returned to Australia in 1999 and commenced business in Brisbane. They operated out of offices shared with GS International Pty Ltd, which conducted a business called AMET Consultancy. AMET has many Chinese clients. AMET would refer clients to Mr Reptis if they required the services of a migration agent.

11.     Mr Reptis speaks several European languages apart from English. He does not speak any Chinese languages. That is obviously a disadvantage when dealing with potential clients from the Chinese community. Ms Reptis speaks Mandarin. Ms Reptis quickly became very important to her husband’s business. She assumed a prominent role in the firm’s advertising and tended to handle the clients because of her language skills. She was not a registered migration agent at that time.

12.     Ms Reptis became a registered migration agent in May 2002. The events in question in this case had their…