Tangsilsat and Migration Agents Registration Authority

This matter concerned an application for a stay of a decision by the Migration Agents Registration Authority to suspend the registration of the applicant as a migration agent. The application was heard by SM A Poljak in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was desirable to grant a stay of the suspension decision under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to weigh the merits of the substantive matter, the public interest, and the consequences of refusing the stay.

SM Poljak considered the submissions of both parties. While the applicant argued she would suffer financial detriment, the Tribunal found no evidence to substantiate this claim. Furthermore, the Tribunal noted that the applicant held a current legal practising certificate in New South Wales, meaning the suspension of her migration agent registration did not presently affect her ability to practise as a lawyer. On balance, the Tribunal concluded that it was not desirable to order a stay.

Consequently, the application for a stay was refused.