Sanctioned agent detail

Decision Date:
:
2022-06-09 12:00 AM

Agent Name:
:
Monica Gruszka

MARN:
:
1795131

Decision:
:
Suspended
 

Decision Summary

 
Decision Date: 9 June 2022
Agent Name: Monica Christine Gruszka
MARN: 1795131
Decision: Suspension

On 9 June 2022, the Office of the Migration Agents Registration Authority (the Authority) suspended the registration of migration agent Ms Monica Christine Gruszka (MARN: 1795131) for a period of 3 years and subject to conditions following an investigation into three complaints in relation to the Agent’s conduct.

The Authority found that the Agent acted in contravention of section 312A of the Act; failed to act on client instructions; submitted applications without her clients’ instruction, knowledge, or consent and engaged in conduct that resulted in her clients becoming unlawful non-citizens. The Agent failed to display a sound working knowledge of migration law and procedure and acted in a manner that unnecessarily increased the cost for her clients.

The Authority was satisfied the Agent failed to act in the legitimate interest of her clients, misled her clients throughout the processing of their applications; and failed to respond to requests from the Department, the AAT, and the Authority.

The Authority found the Agent and was not a person of integrity, or otherwise not a fit and proper person to give immigration assistance. The Agent was found to be in breach of clauses 2.1, 2.3, 2.4, 2.8, 2.9, 2.18, 2.19, 2.23, 5.3, 5.5, 7.2, 9.3, 10.1B, 10.5 and Part 6 of the former Code of Conduct for Registered Migration Agents.

An abridged 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.

The Agent lodged an application for review of the Authority's decision with the Administrative Appeals Tribunal on 10 June 2022. The Tribunal issued an interim stay of the suspension on 15 June 2022. On 23 June 2022 the Tribunal ordered that the reviewable decision be stayed until the hearing and determination of the review.

On 20 July 2022, the Authority lodged in the Federal Court of Australia an originating application for judicial review of the Tribunal’s decision to stay the reviewable decision until the hearing and determination of the review. On 16 May 2023, the Federal Court determined that the Tribunal's decision made on 23 June 2022 be quashed. The court ordered that:
- the Tribunal's decision ceased to have effect at midnight on 17 July 2022
- the Agent's registration ceased at midnight on 17 July 2022

On 06 July 2023 the Agent withdrew her appeal against her suspension in the Tribunal. The suspension of the Agent's registration stands meaning that she cannot provide immigration assistance.
 
 
Decision File:
:
 

Notes and Activities