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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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Tuesday, 18 November 2014The fact is OMARA intentionally falsifies and provides misleading information in AAT hearings. When is The Minister and the CEO going to allow an open forum on reforming Professional Standards and the OMARA ??
Ingram has done nothing since becoming CEO . I thought Senator Cash/Minister appointed a
reformer ????/ sadly no ......just another CEO who protects incompetent staff , covers up mistakes and refuses to accept any criticism as valid . -
Tuesday, 18 November 2014
For Marta, Ling Ling and anyone else who fails to see the basis for this issue: This is not about defending someone for the sake of it - we should ALL be concerned about a process which makes everyone in the industry a potential target of unfounded or misguided complaints (because someone has to be responsible for the muck up and the MARA encourages it), investigated by a process which is anything but robust; dragging 'the investigated' down into a horrible space for months on end, facing demanding clients and the need to make an income on the one hand and certain career death on the other if he/she cannot clearly articulate a defense or are unable to afford or obtain the required support and exprtise to do s, let alone a review of the decision...
This stuff is complex enough without the political machinery weighing in, unwarranted, until ANY current review process is finalised - no procedural fairness or natural justice here, just political commentary to bolster the perception that it's supporting the little people being financially disadvantaged by migration agents.
I would further argue that IF Immigration advice was an industry where ethnicity and race were NOT an integral part of it (you know, the IELTS for non-English speaking background agents, prescriptive Code of Conduct for the slow ones just in case, etc.,), there would not be such an emphasis on having to make it such a political football- I don't recall reading about the commonwealth Attorney General making a political announcement everytime a solicitor mucks up... and certainly not whilst the case is in a process of review.
As someone who's experienced a long standing complaint hanging over my head some years ago, let me tell you all that it's a horrible place to be and it often made me wonder whether it was worth fighting it or better to opt out from this world all together as the potential naming and shaming including constant intrusive negative thoughts, is unbearable. I dearly hope Kurt is ok. We all get over it, but can't see the light when stuck in the hole...
When crap is continuously hitting the fan at a political level, SOMEONE has to be scapegoated to create a sense of false security and to emphasise that the 'system' works. The 25-page decision record may make for some interesting reading but all that glitters is not gold until the case review says it is, rather than make it a fait-accompli in the name of political expediency. -
Tuesday, 18 November 2014
after s series of complete stuff ups by OMARA in a number of cases .....enough is enough ....
Only an experienced lawyer with thorough experience in admin law can do the job .....
I know all major decisions by AMA , CAA , Centrelink and ATO are reviewed by lawyers before publication . Why is OMARA not doing the same ? -
Wednesday, 19 November 2014
He stole $31k from low-paid workers in return for for absolutely nothing, and intended to steal $77k more. Dodgy, dodgy man. Relief to have him unregistered, so he can no longer swindle the uneducated and vulnerable. Even if it was "legit" - $7.26k for a TRT? Our profession is well rid of him.
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Wednesday, 19 November 2014RMA Sydney I think the idea of 'stole' might be a bit extreme. Stealing means that the person didn't agree to give the money and it was taken without their knowledge. It's not even like Kurt went into this trying to trick them to give him money either. Maybe we can wait to see what the AAT decides. From what I have seen, Kurt has been unable to respond to the OMARA requests for information as he has been too traumatised and suffering PTSD. I am pretty sure he is unwell as a result of being directly involved in a serious terrorism event. I recall speaking to him at the time it happened. I am only going off memory but I am pretty sure some of his family were shot dead. As I don't know all the facts, it is hard to say.
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Wednesday, 19 November 2014
Just read the Asst Minister's release - she reckons he would have pocketed $588k in total. And he claims this was just a "retainer"? Yes I am sure the miners were fully appraised of this arrangement in advance. They were low-paid, uneducated and vulnerable and likely just ecstatic about metaphorically winning the lottery and getting an Australian visa with a path to PR. Perfect target for an unethical agent with $$$ in his eyes. Slippery, slippery, slippery. I repeat, the profession is well rid.
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Wednesday, 19 November 2014
Dear RMA ( I wish you would identify yourself)
I think that the principle "innocent until PROVEN guilty" is a useful point of reference.
The simple fact is this, this blog is about the Assistant Minister defying the legal convention of not commenting on matters before the courts, this is a no brainer.
The allegation of "stealing' and "fraud" and the commentary of the Assistant Minister does nothing to ensure that Mr Kraues has the opportunity to lead evidence and question the legal basis of the findings against him.
I expect, as an Australian Citizen and an RMA that I would have every opportunity to defend myself and seek a merits review of the adverse decision of the OMARA at the AAT without having the Assistant Minister, in effect, prejudge the matter.
If you are comfortable with the the OMARA exercising the power without review other than public commentary then why don't we just dispense with the AAT and have the Daily Telegraph or perhaps Ray Hadley at 2GB conduct a poll of readers or listeners and we can decide who is guilty or innocent on that basis.
If that is what Parliament wants then they can change the law to make sure that happens.
However, given that established appeal mechanisms exist then the safest course and the fairest course is to withhold "judgement" until all the facts and evidence are in.
I expect that and I am sure that you as an RMA you expect that as well. -
Wednesday, 19 November 2014
From my stance, if a person claims they did nothing wrong then the findings of such as body as OMARA are just allegations, regardless of what OMARA deems to be true. It is then for our legal system to bring to bear, many years of legal knowledge and experience and weigh the evidence put before it and make a determination. At that point, we should concede that the guy is either innocent or guilty. I just don't understand how we (RMA's) can offer any public opinion other than to demand Kurt's rights to the presumption of innocence.
That said - it really heartwarming to see so many RMA's rallying around the flag as it is the principle of what is happening to Kurt not his alleged actions that is the overriding point - whenever the s**t hits the fan, some always sticks.
How often do we hear news reports on a matter where the Police, the Lawyer or the Politician state "I cannot comment as the matter is before the XYZ" Let's give Sr Cash the benefit of doubt and presume she has received poor advice from the faceless mandarins that brief our Political Masters!
BTW - I have never met Kurt but see this as an infringement on our constitutional rights as Australians.
Immigration blog
Ling Ling they are only 'deemed' dodgy by the OMARA. You aren't reading the comments.