Yildiz and Migration Agents Registration Authority

This matter concerned an appeal by Ms Yildiz against a decision by the Migration Agents Registration Authority (MARA) to cancel her registration as a migration agent. The dispute arose from multiple complaints made against Ms Yildiz regarding her conduct in assisting clients with visa applications. The decision was made by Ms Anna E Burke AO, a Member of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Yildiz had breached the Code of Conduct for registered migration agents and, if so, what penalty was appropriate. Specifically, the Tribunal had to consider whether Ms Yildiz failed to act in accordance with the legitimate interests of her clients and deal with them competently, diligently, and fairly, and whether such failures warranted the cancellation of her registration. The Tribunal also considered whether Ms Yildiz was a person of integrity and a fit and proper person to provide migration assistance.

The Tribunal's reasoning was based on a comprehensive assessment of the evidence, including documents and oral testimony from both Ms Yildiz and a complainant, Mr S. The Tribunal found that Ms Yildiz had engaged in numerous and repeated breaches of the Code of Conduct, including failing to confirm instructions in writing, keep clients informed, provide service agreements in advance, maintain proper records, and return client documents promptly. These breaches demonstrated a lack of competence, diligence, and fairness in her dealings with clients. The Tribunal also concluded that Ms Yildiz was not a person of integrity or otherwise a fit and proper person to provide migration assistance, citing dishonest and reckless behaviour, multiple adversely affected clients, and a disregard for the law and client interests.

Consequently, the Tribunal affirmed the delegate's decision to cancel Ms Yildiz's registration as a migration agent. The Tribunal was satisfied that Ms Yildiz had not complied with the Code of Conduct and was not a person of integrity or a fit and proper person to give immigration assistance, deeming cancellation to be appropriate in the interests of consumer protection.