SZJOZ v MIAC

The applicant, SZJOZ, sought judicial review of a decision by the Migration Agents Registration Authority (MARA) to refuse to register him as a migration agent. The Administrative Appeals Tribunal (AAT) had affirmed MARA's decision. SZJOZ then appealed to the Full Federal Court.

The central legal issue before the Full Federal Court was whether the AAT had erred in law by failing to consider, or adequately consider, certain evidence that SZJOZ contended demonstrated his good character, a prerequisite for registration as a migration agent under the Migration Agents Regulations 1998 (Cth). Specifically, the court had to determine if the AAT's findings regarding SZJOZ's character were supported by the evidence before it and if the AAT had correctly applied the relevant legal standard for good character.

The Full Federal Court found that the AAT had made a jurisdictional error by failing to consider material evidence that was relevant to the assessment of SZJOZ's character. The court held that the AAT's conclusion that SZJOZ had not established good character was based on an incomplete and therefore erroneous consideration of the evidence. The principles applied concerned the duty of administrative tribunals to consider all relevant evidence and the standard of proof required to establish good character in the context of migration agent registration.

The Full Federal Court allowed the appeal, set aside the AAT's decision, and remitted the matter to the AAT for redetermination according to law.