Wadood and Migration Agents Registration Authority

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Migration Agents Registration Authority (MARA) to cancel the registration of Mr Mohammed Silmy Abdul Wadood as a migration agent. The cancellation followed a complaint by a client, Mr Lebbe, concerning Mr Wadood's conduct in relation to his application for a Skilled (Subclass 457) visa. Mr Wadood admitted to most of the factual shortfalls in his conduct, which MARA found constituted breaches of the Code of Conduct for migration agents.

The Tribunal was required to determine the appropriate sanction for Mr Wadood's admitted breaches of the Code of Conduct. Specifically, the Tribunal had to consider the nature of Mr Wadood's conduct, whether it constituted a pattern of misconduct, and what sanction would best match his improper conduct, given the range of sanctions available to MARA under the Migration Act 1958.

The Tribunal found that while Mr Wadood's conduct in relation to Mr Lebbe's visa application involved significant failings, including charging excessive fees and an undisclosed conflict of interest where he acted for both Mr Lebbe and his sister-in-law for the same job vacancy, there was no evidence of a pattern of misconduct. The Tribunal noted that Mr Wadood had admitted most of the shortfalls and that his refund to Mr Lebbe followed MARA's notices regarding the complaint. The Tribunal considered that the cancellation decision was disproportionate and substituted a decision to suspend Mr Wadood's registration for a period of 42 months, from 13 April 2021 to 12 December 2023. This suspension was conditional upon Mr Wadood completing specified courses in client obligations and record-keeping to MARA's satisfaction.