Sanctioned agent detail

Decision Date:
:
2020-12-21 12:00 AM

Agent Name:
:
Bo Gu

MARN:
:
0640042

Decision:
:
Suspended
 

Decision Summary

 
On 21 December 2020, the Office of the Migration Agents Registration Authority (the Authority) decided to cancel the registration of registered migration agent Mr Bo Gu (MARN 0640042), following an investigation into a complaint in relation to the Agent's conduct.

The Authority was satisfied that the Agent had breached clauses 2.1, 2.2, 2.9, 5.2, 6.1 and 6.1A of the Code of Conduct for registered migration agents, and was not a person of integrity or not a fit and proper person to give immigration assistance. The Authority found that the Agent attempted to mislead and deceive the Department by lodging applications for positions which the Agent knew were not genuine and provided documents containing false and misleading information. The Authority was satisfied that the Agent advised business owners on how to create false documentation in order that nominated positions appeared genuine so that visa applicants were granted a visa. Further, the Authority was satisfied that the Agent failed to provide an Agreement for Services and Fees in respect of 25 out of 27 applications examined, and did not maintain proper records in respect of these clients. The Agent also placed his financial interests ahead of the legitimate interests of his clients by referring clients to health insurance providers from which the Agent received a commission.

On 22 December 2020, the Agent lodged an application for review of the Authority's decision with the Administrative Appeals Tribunal.

On 13 April 2022, the Administrative Appeals Tribunal substituted the Authority's cancellation for a suspension which concluded on the date of the AAT's decision. The AAT was satisfied that the mistakes made by the Agent were caused by his misunderstanding of his legal obligations under the Act and the Code and that he had taken positive steps to ensure that he will not make those mistakes again.
 
 
Decision File:
:
 

Notes and Activities