Brief Summary of Disciplinary Decisions Made by MARA in the Last Year

A Brief Summary of Disciplinary Decisions made by MARA in the last Year

It is always useful to keep an eye on what disciplinary decision are made by MARA. From these individual cases one can pick up broad trends

The full text of these decisions are available on the MARA website at http://www.themara.com.au/Online/SAView.asp?DeptID=139

Or go to the home page http://www.themara.com.au/ go to ‘jump to….’ and then click on ‘Sanctions’. This table was compiled in November 2008

Decision Date

Agent Name

Decision

Summary

13 Aug 2008ASuspensionOn 13 August the Authority decided to suspend the Agent’s registration for 6 months and until certain conditions have been met. The Authority was satisfied that the Agent had breached clauses 2.1, 3.2A, 5.5, 6.1, 7.1 and 7.2 of the Code of Conduct.

13 Aug 2008ACautionedOn 13 August 2008 the Authority cautioned the Agent for a period of 6 months and until certain conditions have been met. The Authority was satisfied that that the Agent breached clauses 2.1, 5.5, 7.1 and 7.2 of the Code of Conduct.

13 Feb 2008Ahmed, KhairunnishaBarOn 13 February 2008 the Authority made a decision to bar the former registered agent from the profession for 5 years. The Authority was satisfied that whilst registered the former agent accepted money from 2 clients, failed to perform the services agreed upon and failed to refund the money. In doing so, she breached clauses 2.1, 2.8 and 2.23 of the Code of Conduct.

11 Jun 2008Bae, Tae BumBarOn 11 June 2008 the Authority made a decision to bar the former agent from being a registered migation agent for a period of 5 years. The Authority was satisfied that the Agent provided forged certificates to Trades Recognition Australia (TRA) on behalf of one of his clients, resulting in a finding of guilt of two charges of using false papers under section 234 of the Act.

13 Aug 2008Bharati, JyotiSuspensionFollowing investigation of two matters, the MARA found that the agent had breached the Code of Conduct by:- failing to maintain a clients’ account as required by Clause 7.1 of the Code of Conduct
– failing to maintain proper records as required by Clause 6.1 of the Code of Conduct
– failing to notify clients in writing of the progress of their case and failing to notify them in writing of the outcome of their case
– failing to provide timely and accurate advice to clients and not demonstrating a sound working knowledge of the Migration Act and Regulations.The MARA decided to suspend the Agent’s registration. The suspension will remain in force until the Agent meets a number of conditions.

12 Nov 2007Bowler, GregorySuspensionOn 12 November 2007 the Authority decided to suspend the Agent. The reason was that he failed to respond to requests for information and failed to respond to a complaint against him. The suspension will be lifted when, among other things, the Agent responds to the complaint against him.

Note: On 27 November 2007 the suspension was lifted, as the Agent met the imposed conditions.

13 Aug 2008Connelly, GlennBarThe MARA received four complaint about the former agent’s conduct as a migration agent. MARA was satisfied that:- the former agent failed to communicate properly with his clients and failed to progress their cases in a timely and diligent fashion
– the former agent had misled one of the complainants regarding the progress of the application
– the former agent had charged one client an unreasonable fee by taking his full fee but not performing any services of value to the client
– not issuing his clients with a statement of services
– failing to hold money in his clients’ account until he had completed a block of work and issued an invoice.The MARA decided to bar the Former Agent from being registered as a migration agent for a period of five years.

13 Feb 2008DCautionedOn 13 February the Authority made the decision to caution the Agent for a minimum period of six months and until he has completed four hours of private tuiton in Ethics and Skilled Migration. The reason for this decision was that the Agent failed to provide his clients with proper advice relating to subclass 880 Skilled-Independent Overseas Student visa applications, and therefore lodged two invalid applications.

17 Dec 2007Du, John QunSuspensionOn 17 December 2007 the Authority decided to suspend the Agent for a minimum period of 12 months. The Authority was satisfied that the Agent failed to have effective control of his office and failed to abide by his financial obligations under the Code of Conduct.

12 Nov 2007Eyeson-Annan, JohnSuspensionOn 12 November 2007 the Authority decided to suspend the agent for 24 months and until certain conditions were met. The basis for the decision was that the Authority was satisfied that the Agent fabricated documents in order to mislead it. The Agent was also found to have breached numerous clauses of the Code of Conduct, relating to financial and file management.

13 Feb 2008Kuperman , MichaelCautionedThe MARA received a complaint about the Agent’s conduct as a migration agent. MARA was satisfied that:- the Agent did not deal with his clients competently diligently and fairly
– the Agent failed to provide sufficient relevant information to the DIAC to allow a full assessment of the facts against the relevant criteria
– the Agent disclosed confidential information about his clients to a third party without the written consent of his clients.The MARA decided to caution the Agent. The caution will remain on the register of migration agents for a period of six months and until the Agent has completed private tuition in file management.

12 Mar 2008Leyes, MariaCautionedThe MARA received two complaints about the Agent’s conduct as a migration agent. MARA was satisfied that:- the Agent did not deal with her clients competently diligently and fairly
– the Agent failed to follow her client’s instructions
– the Agent failed to notify her client in writing of the outcome of his visa application
– the Agent failed to provide her clients with a statement of services.The MARA decided to caution the Agent. The caution will remain on the register of migration agents for a period of 12 months and until the Agent has completed private tuition in ethics, skilled migration and file management.

17 Dec 2007Lu , HaoSuspensionMARA was satisfied that the Agent:- failed to exercise control of his office as he ought to have been aware that unregistered assistance was occurring and should have taken reasonable steps to prevent this occurring
– did not maintain client files securely and confidentially
– did not have a clients’ account.MARA was also satisfied that the Agent breached his notification obligations under the Code of Conduct in failing to inform MARA that his association with a not-for profit organisation had ceased.MARA decided to suspend the Agent’s registration for a period of 12 months and until certain conditions are satisfied.

14 May 2008Luo, XiaowenSuspensionOn 14 May 2008 a decision was taken to suspend the Agent until she completes private tuition in ethics. The Authority was satisfied that, at this time, the Agent is not a person of integrity and is also not a fit and proper person to provide immigration assistance. This resulted from her conduct at her former employer, where she allowed unregistered practice to occur.

Note: On 26 June 2008 the suspension was lifted, as the agent met the imposed conditions.

20 Aug 2008Maarbani, MohamadCancellationThe Agent’s registration was cancelled on 19 February 2007 as the Agent breached numerous clauses of the Code of Conduct and his conduct was so serious as to warrant the cancellation of his registration. The Authority found that:
· the Agent failed to act in accordance with clients’ instructions
· the Agent lodged fee waiver requests at the MRT without instructions when he had received the application fee from his clients
· the Agent provided misleading information to the MRT and his clients
· the Agent failed to deposit money received from clients into a clients’ account until the work was performed or the disbursement paid
· the Agent failed to provide statements of services to his clients
· the Agent failed to maintain file notes
· the Agent failed to respond to a request for information within a reasonable time.The Agent appealed to the Administrative Appeals Tribunal (AAT). On 21 August 2008 the AAT affirmed the Authority’s decision.

13 Feb 2008Meng, ThaoCautionedOn 13 February 2008 the Authority decided to caution the Agent for at least 6 months, as it was satisfied that he had breached clauses 2.1, 2.3A, 2.4 and 6.1 of the Code of Conduct. The breaches resulted from poor advice provided by the Agent.

Note: On 13 August 2008 the Agent met the imposed conditions and the caution was lifted.

11 Jun 2008Nani, MariaCancellationOn 11 June 2008 a decision was made to cancel the Agent’s registration. The Authority was satisfied that the Agent was not a person of integrity nor a fit and proper person to provide immigration assistance.The Authority based this decision on findings that the Agent fabricated file notes and misled it.

Please note: the agent has appealed this decision to the AAT.

14 May 2008Obial Garcines, RosalindaSuspensionOn 14 May 2008 a decision was taken to suspend the Agent for a period of 2 years. The Authority was satisfied that the Agent breached numerous clauses of the Code of Conduct, resulting from her departure from her last employer and taking no steps to ensure the interests of her clients were taken care of.

14 May 2008Ocon, BertramCautionedAgent was found to have not treated his client fairly by failing to provide a refund when the client was entitled to one. Further, during the investigation into this matter the agent was found to not be operating a clients’ account in accordance with the Code of Conduct, did not provide his client with a copy of the IRMAP, failed to include an 11.3 statement in his contract and did not provide his client with a statement of services.

10 Sep 2008Pavelescu, NicholasCautionedOn 10 September 2008 the Authority decided to issue the Agent with a caution. The Authority was satisfied that the Agent breached the Code of Conduct by failing to operate his clients’ account as required and failing to maintain adequate records.
The caution will be lifted after 6 months and after the Agent has undertaken private tuition.

12 Nov 2007Ryvchin, MichaelSuspensionThe MARA received a complaint about the Agent’s conduct as a migration Agent. MARA was satisfied that:- the Agent gave his clients incorrect advice
– the Agent encouraged his clients to give false information to the MRT
– the Agent failed to enter into a service agreement with his clients and failed to provide them with a statement of services
– the Agent failed to keep file notes.The MARA decided to suspend the Agent’s registration. The suspension will be lifted after six months have passed and the Agent has met a number of conditions.

11 Jun 2008South, JudithSuspensionOn 11 June 2008 a decision was made to suspend the Agent’s registration for a period of 2 years, as the Authority was satisfied that the Agent was not a fit and proper person to provide immigration assistance. This was based upon a finding that the Agent had demonstrated a pattern of conduct of failing to respond to the Authority and her clients.

13 Aug 2008Tejani, SaleemSuspensionOn 13 August 2008 the MARA made a decision to suspend the Agent’s registration for a period of 2 years and until he meets certain conditions.The MARA was satisfied that the Agent provided his client with incorrect advice and then misled the MARA in an attempt to distance himself from that advice.

Note: The Agent has appealed the decision to the AAT. The application is ongoing.

11 Jun 2008Whinney, Lisa MarySuspensionOn 11 June 2008 a decision was made to suspend the Agent until she met certain conditions. The Authority was satisfied that the Agent failed to respond to requests for information.

Barbara DavidsonAugust 20, 2014