Camidge and Migration Agents Registration Authority (Practice and procedure) - [2025] ARTA 1143

Camidge and Migration Agents Registration Authority (Practice and procedure) [2025] ARTA 1143 (28 July 2025)
Applicant:Charles Camidge
Respondent: Migration Agents Registration Authority
Tribunal Number: 2025/0163

Tribunal:General Member Darian-Smith
Place:Sydney
Date: 28 July 2025

Decision:The Tribunal orders:
(a) under subsection 19(2) of the Administrative Review Tribunal Act 2024 (Cth), that the period during which the Applicant may apply to the Tribunal for review of the Reviewable Decision is extended until 15 August 2025.

(b) the Applicant must lodge with the Tribunal and give to the Respondent the Application for Review (in the prescribed form) by close of business on 15 August 2025.

.......................[SGD].................................................
General Member Darian-Smith
Catchwords
PRACTICE AND PROCEDURE – extension of time – explanation of delay – strength of applicant’s case – whether genuine issues which ought to be litigated - no prejudice to respondent – extension of time granted
Legislation
Administrative Appeals Tribunal Act 1975 (Cth) s 29
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11
Administrative Review Tribunal Act 2024 (Cth) ss 18, 19
Administrative Review Tribunal Rules 2024 r 5(4)
Migration Act 1958 (Cth) ss 290, 291, 306, 309
Migration (Migration Agents Code of Conduct) Regulations 2021 ss 13, 14, 15
Cases
Comcare v A’Hearn (1993) FCA 498; 45 FCR 441; 119 ALR 85
Crick and Prosegur Australia Pty Ltd [2016] AATA 313
Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 3 FCR 344; [1984] FCA 176
Outboard Marine Australia Pty Ltd v Byrnes [1974] 1 NSWLR 27
Re Queensland and Australian National Parks and Wildlife Service (1986) 13 ALD 158; 5 AAR 328
Statement of Reasons

On 1 January 2025, the Applicant (Mr Camidge) filed an application for an extension of time (EOT Application) to seek review of the decision of a delegate of the Respondent (MARA) dated 13 December 2024 (Reviewable Decision).
On 9 January 2025, Mr Camidge informed the Tribunal that under the EOT Application he sought an extension of time until 13 April 2025, as his legal representative was then on holidays.
On 13 February 2025, MARA filed a Notice of Opposing Application for Extension of Time.
The background leading up to the Reviewable Decision is:
(a) Mr Camidge was initially registered as a migration agent on 27 February 2002, thereafter renewing his registration annually up to the registration period expiring on 25 February 2024.
(b) On 31 January 2024, Mr Camidge applied to MARA for renewal of his registration as a migration agent.
(c) On 4 October 2024, Mr Camidge was served with a notice under subsection 309(1) of the Migration Act 1958 (Cth) (Act) (Subsection 309(1) Notice) informing him that MARA was considering the refusal of his renewal application because it might be satisfied that he was a person who was prohibited from being registered under subsection 290(1) of the Act, as he was not a fit and proper person to provide immigration assistance…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] ARTA 1143
Decision Date: 28 July 2025

CaseChat Overview and Summary

In this case, the applicant, Camidge, applied for an extension of time to lodge a response to proceedings brought against them by the Migration Agents Registration Authority. The dispute before the court involved the application for an extension of time, with the Migration Agents Registration Authority opposing the application on the grounds that the applicant had not adequately explained the delay or demonstrated that there were genuine issues to be litigated. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether an extension of time should be granted to the applicant, considering the lack of explanation for the delay, the strength of the applicant's case, and the absence of prejudice to the respondent. The court was required to balance the need for procedural fairness and the efficient administration of justice against the respondent's right to have their proceedings dealt with in a timely manner.

The court found that while the applicant had not provided a satisfactory explanation for the delay, there were genuine issues which ought to be litigated, and there would be no prejudice to the respondent if the extension of time was granted. The court also considered the potential consequences for the applicant if the extension was not granted, and the overall fairness of the proceedings. Given these factors, the court granted the extension of time, allowing the applicant to lodge their response within the specified period.

No further orders were made by the court beyond the granting of the extension of time.

Orders