Sanction of a Registered Migration Agent
After an investigation into a complaint regarding the conduct of the migration agent, K.L (name redacted) , the office of the Migration Agents Registration Authority (Authority) suspended the registration of the agent. This was based on the breaches of Clauses 2.1, 2.8, 2.9 and 2.9A of the Code of Conduct for Registered Migration Agents (Code).
Facts About the Sanction
The complaint filed against the agent alleged that the agent lodged three Employer Nomination Scheme applications on behalf of (name redacted) Pty Ltd. But the Company was not aware of these applications nor did give the agent instructions or authorization to act on their behalf to lodge the applications. The agent also lodged three related subclass 186 visa applications, who were alleged to be employed by (name redacted) Pty Ltd. The facts also provide the agent’s involvement with a third party, Mr HH (name redacted), who the agent stated referred the three applicants and the nominator to the agent and facilitated all communication.
Analysis of the Sanction Case
Based on the facts of the case, there is no evidence to suggest that the agent knew who her clients were and at no point in time did she try to contact them or seek their instructions or authorization in lodging the applications. The documents provided point to the fact that the directions came from an unauthorized third party, which led the agent to the lodgement of applications without the sponsors’ knowledge or permission. Moreover, the agent attempted to mislead the Authority by withholding relevant information and not being forthcoming in respect to the source of information. And when the agent became aware of the fraud, she simply removed her representations and did not alert the Department.
Conclusions of the Migration Agent Sanctioned
For the reasons stated above, Kathy Liu was found to be in breach of rules 2.1, 2.8, 2.9, and 2.9A of the Code, with her registration being suspended for 18 months.
How Can Agape Henry Crux Help You
If you are a migration agent and is in the process of being investigated but the Authority, contact our specialists to help you. Our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.