Shi v Migration Agents Registration Authority

[2008] HCA 31

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(Judgment by: Crennan J)

Shi
vMigration Agents Registration Authority

Court:

Judges: Kirby J
Hayne J
Heydon J

Crennan JKiefel J

Hearing date: 30 July 2008
Judgment date: 30 July 2008

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Judgment by:
Crennan J

116. There are two issues for decision by the Court in this appeal:

1.

Whether, on a review by the Administrative Appeals Tribunal ("the Tribunal") of a decision of the Migration Agents Registration Authority ("the Authority") to cancel a migration agent's registration ^[88] , the Tribunal was restricted to considering evidence of the facts and circumstances as they existed at the time of the Authority's decision.

2.

Whether the Tribunal, in substituting its own decision for that of the Authority, had the power ^[89] to impose conditions in relation to future conduct, when it cautioned the migration agent.

117. On the first issue, I agree with the reasons of Kiefel J for concluding that in the circumstances of this case the Tribunal was entitled to take into account the fresh evidence available to it.

118. On the second issue, I agree, for the reasons given by Kirby J, that the Tribunal was empowered to impose the conditions it did when cautioning the migration agent. I agree with Kirby J that the appeal should be allowed and consequential orders made in the form that he proposes.