Vasilopoulos and Migration Agents' Registration Authority

[2005] AATA 368

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 368

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V2004/507

GENERAL ADMINISTRATIVE  DIVISION		)
Re		ARTHUR VASILOPOULOS

Applicant

And MIGRATION AGENTS' REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Senior Member Joan Dwyer

Date27 April 2005  

PlaceMelbourne

Decision

The Tribunal sets aside the decision under review.  In substitution, the Tribunal decides:

(i) Mr Vasilopoulos has not complied with clauses 2.8(a), (c) and (d), 5.2, 6.1(c) and 11.3 of the Migration Agents’ Code of Conduct prescribed under s 314(1) of the Migration Act 1958 (“the Act”); and

(ii) In all the circumstances, it is not appropriate to cancel or suspend his registration or to caution him under s 303 of the Act.

[sgd] Joan Dwyer

Senior Member

MIGRATION AGENTS’ REGISTRATION – suspension of applicant’s registration as migration agent – complaint from DIMIA –  whether applicant breached the Code of Conduct for migration agents prescribed under Migration Agents’ Regulations 1998 – finding that clauses of Code of Conduct breached – breaches relating to office procedures rather than professional standards – purpose of scheme is to protect the public not to punish – applicant completed courses in office procedures and e-mail – appropriate to take into account matters after decision under review – no longer reason for caution – evidence that caution may affect ability to obtain professional indemnity insurance required from July 2005 –appropriate that no sanction be imposed – decision under review set aside.

LAW REFORM – suggested amendment to the Migration Agents’ Code of Conduct.

Migration Act 1958 ss 286, 303, 304, 304A, 306, 314(1), 417.

Migration Legislation Amendment (Migration Agents’ Integrity Measures) 2004

Re Altintas and Migration Agent’s Registration Authority [2004] AATA 978
Re Donald and Australian Securities and Investment Commission (2001) 64 ALD 717
Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577
Freeman v Secretary, Department of Social Security (1988) 19 FCR 342
Re Griffiths and Migration Agents’ Registration Authority [2001] AATA 240

Re Hudson and Migration Agents’ Review Authority [2004] AATA 1007

REASONS FOR DECISION

27 April 2005	Senior Member Joan Dwyer
INTRODUCTION

1. This is an application under s 306 of the Migration Act 1958 (“the Act”) for review of a decision of the Migration Agents Registration Authority (“MARA”) made on 19 April 2004, which suspended Mr Vasilopoulos’ registration as a Migration Agent for a period of twelve months, or until the following conditions were satisfied (T2, p7):

·a minimum period of six months has passed;

·[Mr Vasilopoulos] complete and pass the Migration Advice Professional Knowledge Entrance Examination; and

·[Mr Vasilopoulos] undertake a CDP activity which is a file management course and provides evidence to the Authority that the Agent has completed that course; and

·[Mr Vasilopoulos] provide a statutory declaration in Commonwealth form stating that he has not made immigration representations for a fee nor given immigration assistance as defined in the Act while suspended.

The basis for that decision was MARA’s finding that Mr Vasilopoulos had not complied with the…