Matson v The Attorney-General of the Commonwealth of Australia

Matson (the applicant) sought judicial review of a decision by the Attorney-General of the Commonwealth of Australia (the respondent) to refuse to grant a licence under section 12 of the *Migration Act 1958* (Cth) to conduct a business of arranging for the introduction of non-citizens into Australia. The applicant had been convicted of offences involving dishonesty and fraud. The respondent had refused the licence on the basis that the applicant was not a fit and proper person to conduct such a business, as required by section 12(1)(c) of the *Migration Act*. The matter came before Gleeson J in the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent had erred in law in refusing to grant the licence. This involved determining whether the respondent had properly considered all relevant factors, including the applicant's criminal history, and whether the conclusion that the applicant was not a fit and proper person was reasonably open to the respondent on the evidence. The Court also considered whether the respondent had failed to provide adequate reasons for the decision.

Gleeson J found that the respondent had not erred in law. His Honour held that the respondent was entitled to take into account the applicant's convictions for offences involving dishonesty and fraud when assessing whether the applicant was a fit and proper person. The Court reasoned that the nature of the business regulated by section 12 of the *Migration Act* required a high degree of trust and integrity, and that past conduct involving dishonesty was directly relevant to that assessment. Furthermore, the reasons provided by the respondent, while brief, were sufficient to inform the applicant of the basis of the decision.

The application for judicial review was dismissed.