Sanctioned agent detail

Decision Date:
:
2020-01-09 12:00 AM

Agent Name:
:
My-Yen Tran

MARN:
:
0209532

Decision:
:
Suspended
 

Decision Summary

 
On 9 January 2020 the Authority decided to cancel the registration of Registered Migration Agent Ms My-Yen Thi TRAN (MARN: 0209532). As a result, of an investigation into two (2) complaints the Authority was satisfied that the Agent breached clauses 2.1, 2.8, 2.9, 2.9A, 2.23, 5.2, 5.5, 6.1, 6.4, 7.2, 7.4 and 9.3 of the Code of Conduct for Registered Migration Agents (the Code).
The Authority found that the Agent –
• Provided false and misleading information to the Department of Home Affairs (the Department) to procure migration outcomes for her clients for which they would not otherwise have been eligible and thereby undermined the Department’s Partner Migration programs;
• Exhibited a blatant disregard for the law through the submission of misleading information and documentation to the Department in support of visa applications;
• Exhibited a disregard for her clients’ legitimate interests and her obligations as a registered migration Agent falling short of the standard expected of a registered migration agent;
• Attempted to distance herself from her personal responsibilities, as a registered migration agent, by failing to keep (and maintain) proper records, which ultimately prevented her from adequately responding to the requests made by the Authority; and
• Failed to provide progress updates or follow client instructions and had not provided clients with an agreement for services or fees, invoices or statements of service.

It was also determined that the Agent was not a person of integrity and not a fit and proper person to give immigration assistance.

A redacted version of the Authority’s decision can be accessed below. Personal details have been removed in the interests of protecting the privacy of the persons involved. On 15 January 2020, Ms Tran applied for review of the Authority's decision with the Administrative Appeals Tribunal.

On 1 August 2022 the Tribunal set aside the cancellation decision and in substitution suspended the Agent's registration for 3 years ending on 9 January 2023.
 
 
Decision File:
:
 

Notes and Activities