Wang and Migration Agents Registration Authority

[2005] AATA 628

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 628

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          NoN2004/1176   N2004/1334

GENERAL ADMINISTRATIVE DIVISION		)
Re		STANLEY YAN WANG

Applicant

And MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Michael Griffin, Member

Date 30 June 2005

PlaceSydney

Decision  The Tribunal affirms the decisions under review

[sgd]   M. Griffin
  Member

CATCHWORDS

MIGRATION AGENTS – suspension of registration – refusal of registration – breaches of the code of conduct – failure to maintain professional library – failure to maintain separate client accounts – failure to respond to the Authority – decisions affirmed

LEGISLATION

Migration Act 1958 ss 290, 291A, 300, 303, 308

Migration Agent Regulations 1998, Schedule 2

CASE LAW

In Re Donald and Australian Securities and Investment Commission (2001) 64 ALD 717

REASONS FOR DECISION

1.      These applications, made by Mr Stanley Wang (“the applicant”), are for a review of two decisions made by the Migration Agents Registration Authority (“the respondent”). The first decision, made on 24 May 2004 (N2004/1334), suspended the applicant’s registration as a migration agent for three years or until such time as the respondent was satisfied that specified conditions were met. The second decision, made on 16 August 2004 (and notified in a letter dated 18 August 2004)(N2004/1176), refused the applicant’s application for repeat registration as a migration agent.

2.      At the hearing in the Tribunal on 30 March 2005, the applicant was self-represented. The respondent was represented by Ms Stella Koya of Phillips Fox Solicitors.

3. The Tribunal received into evidence the documents lodged under section 37 of the Administrative Appeals Tribunal Act1975 (T1-T25).

Background

4.      The applicant was first registered as a migration agent on 23 April 1993.

5.      N2004/1334 On 11 May 2001, the respondent sent the applicant a letter, under its powers under section 308(1)(c) of the Act, which requested certain information about his migration agent’s business. The letter requested the following documentation;

(a)An Australian Securities and Investment Commission (”ASIC”) Historical Extract for the company ‘Australian Bandway International Services Co’.

(b)Bank statements for the applicant’s client accounts.

6. The respondent received some documentation from the applicant on 31 May 2001. An ASIC historical extract was not received with this information. On 2 July 2001 the respondent sent a second letter under section 308(1)(c) of the Act which again requested the company’s ASIC historical extract as well as evidence of the maintenance of a professional library.

7. On 6 July 2001 the respondent sent the applicant a letter advising him that it was considering cautioning, suspending or cancelling his registration as a migration agent, pursuant to section 303 of the Act, for allegedly breaching clauses 6.3, 7.1 and 7.4 of the Code of Conduct (“the Code”).

8.      From 24 July 2001 to 7 August 2001, the respondent received various documents from the applicant, which included a copy of the applicant’s ‘client contract’, evidence of completion of professional development and an ASIC historical extract.

9. On 19 February 2004, the respondent sent the applicant a letter advising…