S M Senarath B Chanaka Senanayake and Migration Agents Registration Authority

This case concerned an appeal by Mr S M Senarath B Chanaka Senanayake against a decision by the Migration Agents Registration Authority (the Authority) to cancel his registration as a migration agent. The Authority's decision followed a complaint made by former clients, Mr M and Ms Z, and an own-motion investigation by the Authority into multiple protection visa applications lodged by Mr Senanayake on behalf of other clients. The core of the dispute revolved around allegations that Mr Senanayake had engaged in conduct that was false, misleading, and in breach of the Code of Conduct for registered migration agents.

The court was required to determine whether Mr Senanayake had failed to comply with the Code of Conduct, specifically by facilitating false statements in visa applications and submitting applications with duplicated or template-based claims. Furthermore, the court had to consider whether Mr Senanayake was a person of integrity or otherwise a fit and proper person to provide immigration assistance. If either of these questions was answered affirmatively, the court then needed to decide on the appropriate sanction to be imposed under section 303 of the Migration Act 1958 (Cth).

In reaching its decision, the court applied the principles of reasonable satisfaction, considering the seriousness of the allegations and the gravity of the consequences. The court found that Mr Senanayake had not complied with the Code of Conduct and was not a person of integrity or a fit and proper person to provide immigration assistance. This conclusion was based on findings that Mr Senanayake had facilitated the making of false statements in visa applications and had submitted other visa applications with claims in nearly identical terms, raising concerns of duplicated and template-based protection claims.

Consequently, the court affirmed the reviewable decision of the Migration Agents Registration Authority to cancel Mr Senanayake's registration as a migration agent. The court further determined that the protection of the public required that Mr Senanayake not be eligible for registration for at least five years from the date of the Authority's original decision.