SZJCM v MIAC & Anor

The applicant, SZJCM, sought judicial review of a decision made by the Migration Agents Registration Authority (MARA) to refuse to register him as a migration agent. The second respondent was the Minister for Immigration and Citizenship. The matter came before the Full Federal Court of Australia.

The primary legal issue before the Court was whether the delegate of the Registrar of the Migration Agents Registration Authority had erred in law by failing to consider, or adequately consider, the applicant's submissions regarding his good character and fitness to be registered as a migration agent. Specifically, the Court had to determine if the delegate had given sufficient weight to the applicant's evidence of rehabilitation and his efforts to address past issues that had led to previous adverse findings.

The Court found that the delegate had failed to properly consider the applicant's submissions concerning his good character. While the delegate was entitled to consider the applicant's past conduct, the Court held that the delegate was also obliged to consider evidence of rehabilitation and changed circumstances. The principles of administrative law, particularly the requirement for a decision-maker to consider all relevant material put before them, were applied. The Court noted that a failure to give adequate weight to relevant evidence could amount to an error of law.

The Full Federal Court allowed the appeal, set aside the decision of the delegate, and remitted the application for registration back to the Registrar for reconsideration according to law.