Wagner and Migration Agents Registration Authority

This matter concerned an application for review of the Migration Agents Registration Authority's decision to refuse registration to Ms Eva Wagner. Ms Wagner, an Australian citizen with German legal qualifications and extensive experience as a translator, had applied for registration as a migration agent. Her application was rejected on the basis that she did not meet the prescribed requirements for registration, specifically concerning a prescribed course and English language testing.

The Tribunal was required to determine the meaning of "passed a prescribed exam" and "common assessment items" in the context of the prescribed course, and whether Ms Wagner's qualifications and academic achievements satisfied these requirements. Additionally, the Tribunal had to consider whether Ms Wagner's accreditation as a translator and her exemption from English language testing by the Legal Profession Admission Board of New South Wales met the minimum score requirements for English language proficiency. The Tribunal also considered arguments relating to substantial compliance, estoppel by representation, estoppel by convention, and equitable estoppel.

The Tribunal found that Ms Wagner's completion of three subjects with distinction and the granting of external credit for a fourth subject did not equate to passing a prescribed exam as required by the legislation. The external credit, or "STE grade," did not involve a score and therefore did not establish that she had met the required standard for that subject. Furthermore, the Tribunal held that her accreditation as a translator and the exemption from IELTS did not satisfy the specific minimum score requirements for both the overall English test and its sub-tests. The Tribunal concluded that substantial compliance was not sufficient and that the facts required to establish any form of estoppel were not proven.

The Tribunal affirmed the decision of the Migration Agents Registration Authority to refuse Ms Wagner's application for registration.