Glover v MIAC & Anor

The applicant, Glover, sought judicial review of a decision by the Migration Agents Registration Authority (MARA) to refuse to register him as a migration agent. The Administrative Appeals Tribunal (AAT) had affirmed MARA's decision. Glover then appealed to the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the AAT had erred in law by failing to consider, or adequately consider, certain evidence presented by Glover regarding his good character and fitness to be a registered migration agent. Specifically, the court considered whether the AAT had given sufficient weight to evidence of Glover's rehabilitation and changed circumstances since the events that led to MARA's initial refusal.

Justice Heydon found that the AAT had indeed failed to properly consider the evidence of Glover's rehabilitation and changed circumstances. His Honour held that the AAT was required to make an independent assessment of Glover's suitability, taking into account all relevant evidence, including evidence of rehabilitation. The AAT's approach, which appeared to focus heavily on the original reasons for MARA's refusal without adequately engaging with the new evidence, constituted an error of law.

The Federal Court allowed the appeal, set aside the AAT's decision, and remitted the matter to the AAT for redetermination according to law.