Shi v Migration Agents Registration Authority

The case of *Shi v Migration Agents Registration Authority* concerned an appeal to the High Court of Australia regarding the registration of a migration agent. The appellant, Mr Shi, had his registration as a migration agent cancelled by the Migration Agents Registration Authority (MARA) due to alleged misconduct. Mr Shi sought judicial review of MARA's decision.

The primary legal issue before the High Court was whether MARA had erred in law in its determination that Mr Shi had engaged in conduct that was dishonest or otherwise improper in the course of his professional practice, thereby justifying the cancellation of his registration under the *Migration Act 1958* (Cth). This involved considering the nature of the evidence MARA relied upon and the standard of proof required for such a finding.

The High Court found that MARA had not erred in law. Their Honours held that MARA was entitled to conclude, on the evidence before it, that Mr Shi had engaged in conduct that was dishonest or otherwise improper. The Court emphasised that MARA was not bound by the strict rules of evidence applicable in a court of law and could draw inferences from the material presented. The Court affirmed that the test for cancellation of registration was whether the agent's conduct was dishonest or otherwise improper, and that MARA's findings on the facts were open to it.

The appeal was dismissed.