Ta and Migrations Agents Registration Authority

This matter concerned an application by Mr Ta for a stay of a decision made by a delegate of the Migration Agents Registration Authority (MARA) to cancel his registration as a migration agent. The cancellation decision, made on 13 January 2023, was based on findings that Mr Ta had undermined migration law by submitting unmeritorious visa applications, repeatedly failed to comply with disclosure obligations under section 312A of the *Migration Act 1958* (Cth), and breached the Code of Conduct for migration agents. The delegate also found Mr Ta was not a person of integrity or a fit and proper person to provide immigration assistance. Mr Ta sought a stay of this cancellation decision under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth).

The central legal issue before the Tribunal was whether it had the power to grant a stay of the cancellation decision, particularly in circumstances where Mr Ta's registration had been automatically continued under section 300(4) of the *Migration Act* pending the renewal of his registration for 2023. MARA contended that section 300(7) of the *Migration Act*, which states that the Authority is taken to have made a decision even if it is later stayed, prevented a stay from having any practical effect in this situation. Mr Ta's counsel argued that section 306AA of the *Migration Act* contemplated the possibility of stays of disciplinary actions, including cancellations, and that there was no reason why such a stay could not be granted even if the agent was operating under an extended registration.

Deputy President Bernard J McCabe P considered the legislative history and the plain language of section 300(7) of the *Migration Act*, as interpreted by the Full Court in *Seymour*. The Tribunal found that the purpose of section 300(7) was to prevent the undue extension of a migration agent's registration after an adverse decision had been made by the Authority. Consequently, the Tribunal concluded that granting a stay of the cancellation decision would be futile, as it would not alter the fact that a decision to cease Mr Ta's registration had been made.

Accordingly, the Tribunal decided against making the orders sought by Mr Ta under section 41(2) of the *Administrative Appeals Tribunal Act*. This meant that the delegate's decision to cancel Mr Ta's registration remained in effect pending the final outcome of the review.