RKYP and Migration Agents Registration Authority

This matter concerned an application to review a decision by the Migration Agents Registration Authority (the Respondent) to refuse to renew the registration of the Applicant as a migration agent. The Applicant had been registered as a migration agent since 2000, with annual renewals until October 2019, when the application for repeat registration was lodged.

The central legal issues before the court were whether the Applicant was a fit and proper person to provide immigration assistance and whether the Applicant possessed the requisite integrity to hold such registration. These assessments were to be made in light of the Applicant's application for renewal, which required declarations regarding any current or past inquiries, investigations, or disciplinary actions.

The court considered the meaning of "fit and proper person" and "person of integrity" in the context of migration agent registration. Drawing on authority, the court noted that these expressions are not precise and derive meaning from their context, including the nature of the activities and the ends to be served. The assessment involves considering past conduct, the likelihood of future improper conduct, and public confidence. The court also noted that the inquiry into fitness and integrity is broad and not limited to breaches, but can extend to any information shedding light on the necessary characteristics of a migration agent. The Applicant argued that the assessment should focus on current circumstances and that past events, such as a single incident involving trust money handling as a lawyer, should not solely determine his fitness, especially given subsequent training and improved understanding of obligations.

The Tribunal affirmed the Respondent's decision. The Applicant had failed to declare, prior to lodging his renewal application, that he was the subject of an inquiry or investigation by a professional association, as required by the application form and the Migration Act 1958. This failure to disclose relevant information was a significant factor in the determination of the Applicant's fitness and integrity.