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MIGRATION ACT 1958 - SECT 291A

Applicant must not be registered if suspension would be in effect

                   If:

                     (a)  an applicant has been registered (the previous registration ) at some time before making the application; and

                     (b)  the Migration Agents Registration Authority decided to suspend the previous registration (whether or not that decision was stayed); and

                     (c)  the previous registration ended on or after the suspension decision;

then the applicant must not be registered during a period in which the previous registration would have been suspended had the previous registration not already ended.

Example 1: A registered migration agent's registration is suspended for a period. The agent is deregistered under section 302 so the suspension of the registration ends. The agent cannot be re-registered until the suspension period ends.

Example 2: The Migration Agents Registration Authority suspends a registered migration agent's registration. The agent applies for review of the decision and a stay order is made in relation to the decision. The agent continues to practise, while the stay order is in force, until the agent's registration ends. Subsection 288(6A) prevents the agent from being re-registered until the review proceedings are finalised. The agent cannot be re-registered if the suspension decision is affirmed on review and the suspension would not have ended (had the registration continued).

Example 3: Under section 300, a registered migration agent's registration is continued after the expiry day of the agent's registration. The Migration Agents Registration Authority makes a decision to suspend the agent's registration until the agent complies with a condition, and so the registration ends because of subsection 300(4). The agent cannot be re-registered until the agent complies with the condition.



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