Sanctioned agent detail

Decision Date:
:
2019-10-23 12:00 AM

Agent Name:
:
Sanat Gupta

MARN:
:
1466755

Decision:
:
Suspended
 

Decision Summary

 
On 23 October 2019, the Authority decided to cancel the registration of Registered Migration Agent Mr Sanat GUPTA (MARN: 1466755). As a result of an investigation into one complaint the Authority was satisfied that the Agent breached clauses 2.1, 2.4, 2.8, 2.9, 2.19, 2.21, 2.23, 5.2, 5.5, 6.1, 6.1A, 7.2 and 7.4 of the Code of Conduct for Registered Migration Agents (the Code).

The Authority found that

- the Agent failed to act in the legitimate interests of his client by using their signatures without their consent,
- the Agent communicated and acted on instruction from a person who was not authorised to bind the business,
- the Agent submitted applications without supporting documentation and information, to the Department,
- the Agent submitted applications containing false and misleading documentation and information, to the Department, and further failed to take proactive action in notifying the Department of this occurring, in an attempt to conceal the conduct showing a disregard for the law and his professional obligations as a registered migration agent.
- the Agent was not honest in his dealings with the Department as he knowingly lodged applications which he knew to be misleading and inaccurate,
- the Agent had concerns about the genuineness of the clients circumstances and the business arrangements and withheld this information from the Department in order to distance himself from adverse implications,
- the Agent failed to maintain appropriate record keeping and record management practices which has prevented him from adequately responding to the Authority as complete client files were unable to be provided,
- the Agent failed to maintain the integrity and repute of the migration advice profession.

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 5 December 2019, the Agent made an appeal to the AAT.

On 18 February 2022 under section 42C of the AAT Act, the Tribunal substituted the cancellation decision for a suspension of 3 years and conditions to met before the suspension could be lifted.
 
 
Decision File:
:
 

Notes and Activities