SZBJL v MIAC

The applicant, SZBJL, sought judicial review of a decision made by the Migration Agents Registration Authority (MIAC) to refuse to register SZBJL as a migration agent. The dispute concerned whether SZBJL met the 'fit and proper person' requirement under the *Migration Act 1958* (Cth) and the *Migration Agents Regulations 1998* (Cth). The matter was heard by Gleeson CJ in the Federal Court of Australia.

The central legal issue before the Court was whether MIAC had erred in law by failing to give sufficient weight to certain evidence presented by SZBJL, and whether MIAC's conclusion that SZBJL was not a fit and proper person was unreasonable or unsupported by evidence. Specifically, the Court had to consider the nature and relevance of past conduct when assessing an applicant's current fitness to be registered.

Gleeson CJ reasoned that the 'fit and proper person' requirement necessitates a holistic assessment of an applicant's character and past conduct, taking into account all relevant circumstances. His Honour found that MIAC had properly considered the evidence, including the applicant's prior disciplinary history, and that its conclusion that SZBJL did not meet the threshold of being a fit and proper person was open to it on the evidence. The Court affirmed that the assessment of fitness and propriety is a question of fact and degree for the Authority.

The application for judicial review was dismissed.