Hanna v Department of Immigration Multicultural and Indigenous Affairs

Hanna sought judicial review in the Supreme Court of New South Wales of a conviction for advertising as a migration agent when not registered, and the subsequent dismissal of an appeal against that conviction by the District Court. The applicant, who had been a registered migration agent between 1994 and 1999, faced charges under section 284 of the *Migration Act 1958* (Cth) for continuing to advertise in El-Massry since 1997, despite his registration having lapsed. The applicant contended that the conviction was an affront to logic and common sense, given a prior acquittal on a charge under section 283 of the same Act, and sought to have the conviction quashed or stayed.

The central legal issues before the Supreme Court were whether the conviction under section 284, in light of a prior acquittal under section 283, constituted an error of law or jurisdictional error such that the conviction should be quashed. The court was also required to consider whether the District Court's refusal to set aside the conviction on appeal was itself an error, and whether the applicant's application for judicial review was competent and had merit.

The Court determined that the applicant's argument regarding the inconsistency between the acquittal and conviction was without merit. It reasoned that the charges under sections 283 and 284 of the *Migration Act 1958* were distinct, requiring proof of different elements. Therefore, an acquittal on one charge did not automatically preclude a conviction on the other. The Court found no jurisdictional error or error of law on the face of the record that would warrant setting aside the conviction or the District Court's decision.

Consequently, the summons for judicial review was dismissed with costs.