Hartnett v Migration Agents Registration Authority

FEDERAL COURT OF AUSTRALIA

Hartnett v Migration Agents Registration Authority
[2003] FCA 998

BEAU TIMOTHY JOHN HARTNETT v MIGRATION AGENTS REGISTRATION AUTHORITY
Q130 OF 2003

COOPER J
BRISBANE
12 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q130 OF 2003

BETWEEN:	BEAU TIMOTHY JOHN  HARTNETT APPLICANT
AND:	MIGRATION AGENTS REGISTRATION AUTHORITY RESPONDENT
JUDGE:	COOPER J
DATE OF ORDER:	12 SEPTEMBER 2003
WHERE MADE:	BRISBANE

THE COURT DIRECTS THAT:

1.Pursuant to O 53, r 15, I delegate to the Registrar or Deputy Registrar of the Queensland Registry determination of the matters referred to in pars (a), (b), (c), (d) and (g) of O 53, r 15 (2);

2.The parties be granted liberty to apply to have the matter listed before me for further directions;

3.The costs of the appearance today on the return of the application for directions be each party’s costs in the proceedings.

THE COURT ORDERS THAT:

1.The order of the Administrative Appeals Tribunal made on 7 August 2003 to affirm the decision of the Migration Agents Registration Authority to suspend the registration of the applicant as a migration agent for a period of twelve months be stayed until 15 October 2003;

2.The applicant be granted liberty to apply on or after 15 October 2003 for a further stay of the said decision of the AAT given on 7 August 2003;

3.        The costs of today to be reserved.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q130 OF 2003

BETWEEN:	BEAU TIMOTHY JOHN  HARTNETT APPLICANT
AND:	MIGRATION AGENTS REGISTRATION AUTHORITY RESPONDENT

JUDGE:	COOPER J
DATE:	12 SEPTEMBER 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is an application for a stay under s 44A of the Administrative Appeals Tribunal Act (1975) (Cth) (‘the Act’) pending determination of the applicant’s appeal from a decision of the Administrative Appeals Tribunal (‘the AAT’) given on 7 August 2003. 

2. The AAT affirmed the decision of the Migration Agents Registration Authority (‘the MARA’) to suspend the applicant’s registration as a migration agent for a period of one year.  The AAT ordered that the period of suspension commence from a date to be determined by the MARA.  To date, the MARA has not determined a commencement date, and the applicant’s registration is not presently suspended.  Nevertheless, he remains at risk that prior to the hearing of his appeal, the MARA may cause the suspension to come into effect.

3. It is common ground that the applicant’s registration as a migration agent expires by the effluxion of time on 14 October 2003, and that to practise as a migration agent thereafter he will require the grant to him of a new registration by the MARA.  In those circumstances, the practical operation of the stay is limited to a period of approximately four weeks. 

4. The power to grant a stay under s 44A of the AAT Act is for the purpose of securing the effectiveness of the…