Shahi and Migration Agents Registration Authority (Migration)

The Administrative Appeals Tribunal considered an application by the Migration Agents Registration Authority (MARA) to dismiss an application for review made by Ms. Shahi. Ms. Shahi had sought review of MARA's decision to cancel her registration as a migration agent.

The primary legal issue before the Tribunal was whether Ms. Shahi had failed to proceed with her application for review or failed to comply with directions issued by the Tribunal, thereby justifying the dismissal of her application under section 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).

The Tribunal reasoned that Ms. Shahi had been afforded ample time to comply with the Tribunal's directions of 11 July 2019 and 2 April 2020, but had failed to do so. It found that a reasonable time had elapsed since her non-compliance, and that she had been provided with procedural fairness. While acknowledging Ms. Shahi's family circumstances and difficulties in obtaining legal representation, the Tribunal concluded that she had not taken reasonable steps to manage these competing demands with her obligation to comply with the Tribunal's directions. The Tribunal determined that the "particular circumstances" advanced by Ms. Shahi did not provide sufficient grounds for a further opportunity to comply, and that MARA was entitled to proceed with its statutory duties without further delay.

Consequently, the Tribunal ordered that Ms. Shahi's application for review be dismissed pursuant to section 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).