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My friend Kurt Kraues the cancelled RMA
“Your truest friends are the ones who will stand by you in your darkest moments--because they're willing to brave the shadows with you--and in your greatest moments--because they're not afraid to let you shine.”
― Nicole Yatsonsky
I write this article in defence of my good and loyal friend Kurt Kraues, who recently graduated with a Masters in Immigration Law (see picture).
By now all of you would have seen the article from the Hon Senator Cash's office dated Friday the 14th November 2014. If you haven't, then here it is:
Migration Agent cancelled over fees from PNG miners
Agents have contacted Migration alliance this morning asking the following questions:
'Is this political interference during a matter which is before the courts?'
and;
'Has the Office of the MARA pressured the Hon Senator Cash into making political commentary on their behalf?'
and;
'Given fact that this matter may ultimately be decided in a court of law, does the commentary by Senator Cash now prejudice Mr Kraues' case?'
As a Solicitor and RMA I am concerned by an emerging trend whereby the Hon Senator Cash makes comments about cancelled migration agents during a time that they are pursuing their cancellations in Australian Courts and Tribunals.
My concern stems from the OMARA's untested 'findings' which the Senator relies upon when issuing negative comments about the cancelled agents. If the Office of the MARA's 'findings' are proven wrong, then this will lead to political 'egg on face'. The damage to the reputation of the RMA should the decision be set aside is incalculable and may well lead to the Hon. Senator being sued for defamation. The ‘fair comment’ defence will not protect the Senator who, herself a lawyer, in my view ought to know better or is being advised by DIBP staffers who have no common sense.
"This is political interference in a judicial or potential judicial process", says one NSW Lawyer, who wishes to remain anonymous.
He continues, "If this matter goes before the AAT or the Federal Court, it will be a de-novo process whereby the AAT / Federal Court stands in the shoes of the original decision maker and makes a fresh finding based upon the evidence that is produced. Are we watching government pre-empting a decision by the courts?"
This is second time, in the last month, where a cancelled RMA has been named and shamed by the Senator.
The first was Mr Sam Issa who is currently before the AAT. Mr Sam Issa, former agent and Sydney lawyer, is fighting the Office of the MARA's decision to cancel his registration.
This ’commentary’ by the Hon Senator Cash is unhelpful and post dates the lodgement of the appeal at the AAT by Kurt Kraues.
It is unfair, ill considered and completely unwarranted.
How about a fair go?
Comments
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Monday, 17 November 2014Meanwhile Eddy Kang is still active http://migrationalliance.com.au/immigration-daily-news/entry/2013-10-victims-of-eddy-kang-action-group-meeting-wed-30-october-6pm.html
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Monday, 17 November 2014
Is OMARA, DIBP, AFP & Senator Cash brave enough to do anything at all to Eddy Kang?
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Monday, 17 November 2014
hi Christopher, I'm glad you are able to assist Kurt and let Kurt knows RMAs are his friends. This Senator is running around the country like a BAF, all talks but very little actions so far.
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Monday, 17 November 2014
Go fair
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Monday, 17 November 2014“Being there when things are easy is one of the benefits of being a good friend. Being there when things get difficult is one of the tests.”
― Nina Guilbeau -
Monday, 17 November 2014
And Toufic Lebba, a non registered agent, is still running around ripping innocent people off. Justice in the case of OMARA and DIBP is only afforded to the criminals such as him and Eddy Kang. We are sent directly to the stake to burn by the self proclaimed judge, jury and executioner.
No innocent until proven guilty here, just off with his head.
This is not just Sam or Kurt's problem, it is OUR problem. -
Wednesday, 19 November 2014
Very true mate.well said.
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Monday, 17 November 2014
Since when did a Senator publish news articles about cancelled agents? Surely they have something better to do with their time than post up announcements about agents? If this agent got an article then will every cancelled agent get one? I think it seems like a witch hunt.
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Monday, 17 November 2014
Anthony is right. Everyone wake up. The OMARA is judge. Jury. Executioner. Toufic Laba Sarkis is still out there and so is Eddy Kang. And yet registered agents get their occupations taken off them. Office of MARA doesn't have one Admin Lawyer in it. not one. Disgrace. Everyone watch out. If you get a complaint letter from OMARA do not trust them one inch. Call Chris Levingston or Adrian Joel who is Issa's solicitor. They will handle it.
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Monday, 17 November 2014
I totally agree, Chris; unfortunately, there is mounting evidence that procedural fairness and natural justice in Australia is no longer a two-way process but increasingly a unilateral one, particularly for 'all things migration', it seems to me.
Whilst government institutions and statutory bodies have a right to make decisions, political interference and point scoring as a show of ‘might’ during a MARA decision review-process not only diminishes the right of the individual to fairness before the law but undermines the letter of the law.
Having access to appeal rights is a given in Australia (for now) and this process must not be impacted in any way by political expediency. One can be forgiven for wondering why politicians, many of whom are lawyers, forget that engaging in this kind of behaviour is ver poor form and that due process must be allowed to take place without undue interference.
Even if protected by parliamentary privilege, political leaders have an obligation to 'walk the talk' and uphold the law for EVERYONE instead of destroying someone's career, whether poorly advised or not. There is no 'moral' high ground or value to this action with Kurt or Sam or indeed with anyone else who exercise their right to challenge such decisions.
This simply gratuitously defames the affected individuals before a decision is finally made through the courts and adds to the already established perception that political leaders wrongly hold themselves as being 'above' the law. This is indeed a sorry state of affairs, which requires our industry's intervention and re-dress. -
Monday, 17 November 2014
Dear Migration Alliance,
How about a fair go for all the victims of your friend Kurt Kraues? Kurt Kraues had 14 miners make complaints against him. Not 1 or 2 but 14! Anyone consider those people?
In your touching gesture to your friend Kurt Kraues I notice that you didn’t actually make any reference MARA's 25 page decision record. I question whether you have read it.
Is your friend Kurt Kraues, whose registration been cancelled for 5 yrs by MARA, still writing blogs for Migration Alliance? -
Monday, 17 November 2014
Judge Jury Executioner approach of OMARA is a matter of serious concern .
Radjenovic is seriously incompetent and does not have the qualifications and academic background to make complex decisions . As Maryann mentioned NO administrative lawyer reviews their decision before it is published .
Shame on Ingram ....who has turned out to be another fat cat senior public servant ...doing nothing and waiting for his huge superannuation payout .
As the profession pays the salaries for this ' sheltered workshop of unemployables ' known as OMARA we must complain loudly and constructively and get Radjenovic to observe the basic principles of Administrative law . OMARA needs a have a lawyer review decision before publication ....better still remove Radjenovic and employ an independent lawyer to do the job ....The profession over the past 2 years has clearly indicated they have NO confidence in the ability of Radjenovic and her team of total fools in Professional Standards -
Monday, 17 November 2014
Marta
With all due respect, 14 complaints can be made at the instruction of the EMPLOYER who failed to honour their commitment to sponsor these miners for Permanent Residency (despite all the promises in the world). The OMARA decision record is NOT tested evidence. Christopher doesn't need to make a reference to the OMARA's 25 page decision record because people already know where to find it! I hope that Kurt continues to write blogs for Migration Alliance. His blog were always good to read and he showed professionalism and courage.
People are only victims if they are found to be victims by a court of law. The OMARA is not a court of law. It has NOT ONE Administrative Lawyer in it's midst. Their investigation processes are a shambles and their officers are incompetent and standards extremely low. The OMARA decision record is the tip of the iceberg. If the victims are truly victims then they can get their money back by going to the local court. It is an easy process. It is not rocket science. If Kurt doesn't pay them back, and the local court finds that he should, based on the EVIDENCE before them then they will force him to pay it back. If he doesn't he will go bankrupt.
Marta, why assume that the miners are in fact 'victims'? Don't you think that their employer who let go of them just wanted to get someone else to take responsiblity for dumping them and their families here instead of giving them PR like they promised? Probably some HR Manager who didn't care whether they got PR or not.
And who says that Kurt did not do any work? The OMARA.
And did you know that Kurt has been a victim of terrorism and has been suffering since that event? Did the OMARA take this into account? Did the OMARA consider suspending him pending treatment for trauma? No. Nobody protects the agent.
And now I wonder if Kurt would even have the courage to go on, the courage to at least defend himself.
The problem here is that anything going into the OMARA is UNTESTED. They just make 'findings'.
I think the point Christopher makes is that no matter what, Kurt is his friend first and that he will stick by him through thick and thin. The 'victims' will have their own friends offering them support no doubt. Everyone is entitled to have friends supporting them. -
Monday, 17 November 2014
Marta, are you serious? You think an OMARA decision record is some kind of conviction and that it's all 'true'? Seriously you clearly have no idea how incompetent they are in there. And Marta, what would you say if this all got overturned by a court of law and it was found that the employer was victimising Kurt vicariously through the miners, because it needed the miners to complain to anyone but them!???? After all, how are they supposed to deal with 14 miners who no longer have a job, hope, a future in Australia? Oh I know......blame the agent and ask the miners to get their money back from him. Divert the issue to the agent. And who says he didn't do any work? Nothing in the decision record. As far as I can see he asked for extensions. If this agent was a victim of terrorism then that might explain why he went off the rails or could not work properly. Too many variables. Did the OMARA offer him help when he told them he had been a victim of terrorism?
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Monday, 17 November 2014
We all need to be very worried about 'deeming' and 'findings' dished out by the MARA. This is not justice. Don't trust the MARA.
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Monday, 17 November 2014
Agents where is Kurt and is he ok? If he has been a victim of terrorism then this is going to further traumatise him. Maybe he isn't mentally ok. Maybe cancelling him whilst he is suffering might tip him over the edge. If this senator knows he has been a victim of terrorism then it is not a good look to be making an announcement on her website about how he has been cancelled. This will increase his suffering. it is not necessary to put that notice on the senators website. I have no idea why the senator did that. It's not even really newsworthy for the public and it's already on the MARA site. Is she now the media outlet for the MARA. What have we come to.
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Monday, 17 November 2014
Dear Marta,
Thank you for the feedback.
my beef is with the Hon Senator cash who is assisting the Minister.
Kurt Kraues will have his day at the AAT and his future will depend on those proceedings.
I just dont think it is fair for the Assistant Minister to weigh in when the OMARA has published its decision and Mr Kraues has appealed. The commentary provided by the Assistant minister is gratuitous and adds nothing to the review process.
The long established legal "custom' is that where a matter is before the Courts ( that includes Tribunals) the parties ( and that includes the Minister and her delegates) should REFRAIN from comment.
I don't think this is too much to expect from a Senator who is also a Lawyer
That is all. -
Monday, 17 November 2014
Marta, are you without fault? Have you never done anything wrong in your life? Are the only people who are allowed to have friends that stick by them the ones who never do anything wrong? You are clearly bamboozled by the Office of the MARA 25 page report and less interested in real facts and truths. For whatever reason you seem to believe the Office of the MARA's report on Kurt is based on proper investigation techniques by a suitably qualified person. The MARA goes on like immigration police but without any of the policing standards. You should see what is going on in court at the moment when the MARA's techniques are exposed for what they reall are. It is mayhem and a disgrace.
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Monday, 17 November 2014
It is good to see the Assistant Minister taking a strong stand against dodgy migration agents.
Immigration blog
Apologies the article I sent was not from LTA it was from me. I accidentally left LTA in the sender box before sending my email.