SZGBV v MIAC & Anor

The applicant, SZGBV, sought judicial review of a decision by the Migration Agents Registration Authority (MARA) to refuse to register him as a migration agent. The primary judge had dismissed the application for judicial review, and SZGBV appealed to the Full Federal Court. The appeal concerned the proper interpretation and application of the *Migration Act 1958* (Cth) and the *Migration Agents Regulations 1998* (Cth) in relation to the registration of migration agents.

The central legal issue before the Full Federal Court was whether the delegate of the Registrar of Migration Agents had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when assessing SZGBV's application for registration. Specifically, the court had to determine if the delegate's adverse findings regarding SZGBV's honesty and integrity, based on past conduct, were permissible under the *Migration Act* and *Regulations*, and whether the delegate had adequately considered the mitigating factors presented by SZGBV.

The Full Federal Court, comprising Kirby and Heydon JJ, found that the delegate had indeed erred in law. Their Honours held that while past conduct could be relevant to an assessment of honesty and integrity, the delegate had failed to properly weigh the evidence and had placed undue emphasis on certain aspects of SZGBV's history without adequately considering the context and the steps SZGBV had taken to address past issues. The court reiterated the principle that a decision-maker must consider all relevant factors and must not be swayed by irrelevant ones, and that a failure to do so constitutes an error of law.

Consequently, the Full Federal Court allowed the appeal, set aside the primary judge's order, and remitted the matter to the Administrative Appeals Tribunal for redetermination according to law.