Jing Xin Wu: registration cancelled by OMARA on 30 Aug 2023

What the Authority decided

On 30 August 2023 OMARA decided to cancel the registration of registered migration agent Jing Xin WU (MARN 9904341). As a result of an investigation into one complaint the OMARA was satisfied that the Agent had breached clauses 2.1, 2.6, 2.17 and 2.23 of the former Code of Conduct for registered migration agents.

The OMARA found that:

• The Agent knowingly lodged Protection visas applications for clients where he did not notify the Department of his immigration assistance to the clients in breach of section 312A of the Migration Act 1958
• The Agent did not declare his immigration assistance because he was aware that the applications would be refused and he did not want visa refusals to tarnish his reputation
• The Agent failed to act in the legitimate interests of his clients
• The Agent failed to be frank and candid about the prospects of success of applications when assessing clients’ requests for immigration assistance with partner visa applications
• The Agent encouraged the lodgement of vexatious or grossly unfounded applications to the Department
• The Agent has not acted in a manner that maintains the reputation and integrity of the migration advice profession

The OMARA was satisfied that the Agent is not a person of integrity and is not a fit and proper person to give immigration assistance.

The decision summary above is reproduced from the Authority's published record of this decision, which also carries the decision document itself. Nothing has been added to it.

What a cancellation means if this was your agent

The registration is removed. The agent's name comes off the Register of Migration Agents and they may not give immigration assistance. A cancellation is usually accompanied by a period during which the person may not be registered again.

Nobody is acting on your matter right now. Treat this as urgent, and start with who the Department is writing to.

If this was your agent: the first week

1. Find out where your application actually is. If you have an ImmiAccount, log in. The clock does not stop because your representation did.
2. Check who the Department is writing to. A Form 956 makes an agent the authorised recipient, and correspondence sent to them is taken to have been given to you. A deadline sent to an inbox nobody reads is still a deadline.
3. Get your file. Your documents are yours and the Code requires them back — originals first. How to get your file back.
4. Work out what was paid and what was done. Ask for the itemised invoices and receipts the Code requires. Routes to recover money work better started early.
5. Complain, if there is something to complain about. A published decision does not close your own file. Where to complain, and what OMARA can and cannot do.
6. Only then, find someone else. A new agent needs the file and the dates. The first five steps are what make that first conversation useful instead of exploratory.

What this decision does not mean

It is a decision about one individual on one date. Only a person can be a registered migration agent — a company cannot — so it says nothing about anyone else at the same practice. Decisions of this kind are reviewable, and bars and suspensions expire. The register is where the current position lives.

Decision information sourced from the Office of the Migration Agents Registration Authority and used under a Creative Commons Attribution 3.0 Australia licence. VisaBid is not affiliated with OMARA or the Department of Home Affairs.