RKYP and Migration Agents Registration Authority

This matter came before Katter SM of the Administrative Appeals Tribunal concerning an application by the Applicant for the removal of their name and the name of a former law firm from the Tribunal's decision and reasons. The dispute arose after the Tribunal affirmed a decision to refuse the Applicant's re-registration as a migration agent. The Applicant sought orders under section 35 of the *Administrative Appeals Tribunal Act 1975* (Cth) to prevent the publication of identifying information, arguing it would significantly impact their future ability to work as a solicitor and their future earnings.

The Tribunal was required to determine whether to grant the Applicant's request for non-publication and non-disclosure of their identity and the identity of a law firm, balancing the principle of open justice against the Applicant's stated interests. Specifically, the court had to consider the provisions of section 35 of the Act, which permits the Tribunal to make orders restricting publication or disclosure of information that tends to reveal the identity of a party or is otherwise concerning such a person, while taking the principle of open justice as the basis for consideration but paying due regard to reasons in favour of such a direction.

In reaching its decision, the Tribunal applied the principle that open justice is not an absolute concept and that due regard must be paid to reasons presented against it. The Tribunal relied on the Applicant's affidavit, which stated that the publication of the decision would affect their ability to obtain a practising certificate at the Queensland Law Society and thus severely impact their future earnings. The Tribunal found that the publication of the Applicant's name would have consequences beyond their reputation as a migration agent, potentially impacting their ability to work in other fields. Consequently, the Tribunal also considered that the names of the law firms with which the Applicant was involved should be removed as they would tend to identify the Applicant.

The Tribunal ordered that the Applicant's name in the decision and reasons be replaced with the pseudonym "RKYP". Furthermore, it prohibited the publication or other public disclosure of information tending to identify the Applicant and information identifying the law firm that the Applicant became a partner of in 2016.