SZIWN v MIAC & Anor

The applicant, SZIWN, sought judicial review of a decision made by the Migration Agents Registration Authority (MARA), represented by the Migration Agents Industry Authority (MIAC), and the Minister for Immigration and Border Protection. The dispute concerned the refusal to register SZIWN as a migration agent.

The primary 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 SZIWN's application for registration. Specifically, the court was asked to determine if the delegate had improperly considered SZIWN's past conduct, including allegations of misconduct and a prior deregistration, when determining SZIWN's suitability for registration under the Migration Agents Regulations 1998 (Cth).

The Court found that the delegate had indeed erred in law. It held that while the delegate was entitled to consider SZIWN's past conduct, the weight given to certain allegations and the manner in which they were assessed amounted to an improper consideration of irrelevant factors and a failure to consider relevant factors. The Court emphasised that the assessment must be forward-looking, focusing on whether the applicant is a fit and proper person to be registered *at the time of the decision*, rather than being unduly influenced by past events without proper regard to their context and resolution. The principles of administrative law concerning the proper exercise of discretionary power were central to the Court's reasoning.

The Court ordered that the decision of the delegate be set aside and remitted to the Registrar for reconsideration according to law.