SZQRM v MIAC

The applicant, SZQRM, sought judicial review of a decision made by the Migration Agents Registration Authority (MARA) to refuse to register SZQRM as a migration agent. The dispute concerned whether SZQRM met the 'fit and proper person' requirement under the *Migration Agents Regulations 1998* (Cth). The matter was heard in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether SZQRM was a 'fit and proper person' to be registered as a migration agent, considering past conduct that included allegations of dishonesty and misleading conduct in previous dealings. The Tribunal was required to assess whether SZQRM's past actions demonstrated a lack of integrity or trustworthiness that would disqualify them from registration under the relevant regulations.

The Tribunal found that SZQRM had engaged in conduct that was dishonest and misleading, and that this conduct was sufficiently serious to conclude that SZQRM was not a fit and proper person to be registered as a migration agent. The Tribunal applied the principles of statutory interpretation to the 'fit and proper person' requirement, emphasizing that the assessment involved a holistic evaluation of the applicant's character and past behaviour in light of the responsibilities of a migration agent. The Tribunal considered the need to protect the public and maintain the integrity of the migration advice profession.

The Tribunal affirmed the decision of MARA to refuse registration.