SZGCF & Anor v MIAC & Anor

The applicants, SZGCF and another individual, sought judicial review of decisions made by the Migration Agents Registration Authority (MARA) and the Minister for Immigration and Border Protection. The dispute concerned the registration of migration agents, specifically the refusal to register the applicants and the subsequent cancellation of their existing registrations. The matter came before the High Court of Australia.

The central legal issues before the High Court were whether the decisions to refuse registration and cancel existing registrations were affected by jurisdictional error. This involved determining whether the Authority and the Minister had properly considered relevant considerations and disregarded irrelevant ones in reaching their decisions, particularly in light of the applicants' criminal convictions and the potential impact on their ability to act as registered migration agents.

The Court considered the provisions of the *Migration Act 1958* (Cth) and the *Migration Agents Regulations 1998* (Cth) governing the registration and conduct of migration agents. Gummow and Kiefel JJ analysed the nature of the discretion vested in the Authority and the Minister, emphasizing that such discretion must be exercised according to law and cannot be unfettered. They applied principles of administrative law concerning the proper exercise of statutory power, including the requirement to take into account all relevant considerations and to avoid being influenced by irrelevant ones. The Court found that the decisions were not affected by jurisdictional error.

The High Court dismissed the applications for judicial review.