Woods (No. 1) and Migration Agents Registration Authority - [2004] AATA 457

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2004] AATA 457
ADMINISTRATIVE APPEALS TRIBUNAL )
) No V02/724

GENERAL ADMINISTRATIVE DIVISION )

Re JAMES MALCOLM WOODS (No. 1)

Applicant

And

MIGRATION AGENTS REGISTRATION AUTHORITY

Respondent

DECISION

Tribunal Mr J Handley, Senior Member
Associate Professor J.H. Maynard, Member
Date11 May 2004
PlaceMelbourne

Decision
1.     The decision under review in so far as it was decided that an individual related by employment to the applicant was not a person of integrity within s303(g) of the Migration Act 1958 (“the Act”), is set aside and in substitution it is decided that relevant persons were not related by employment.

2.     The remaining parts of the decision namely

          (i)           the applicant was not a person of integrity or was not a fit and proper person to give immigration assistance within s303(f) of the Act; and

          (ii)          the applicant had not complied with the Code of Conduct prescribed under s314(1) of the Act; and

          (iii)         to cancel the registration of the applicant as a registered migration agent by removing his name from the Register

are affirmed.

(Sgd) J Handley
Senior Member

MIGRATION AGENTS – applicant is a legal practitioner and migration agent – practicing certificate as a lawyer cancelled for eight years – registration as a migration agent cancelled by respondent – findings by MARA that he is not a person of integrity and not a fit and proper person to give immigration assistance – failure to comply with Code of Conduct – decisions affirmed
Migration Act 1958 (Cth) s303, s290(1) and s290(2), s276(1), s278, s314, s306
Migration Agents Regulations – Code of Conduct
Plaintiff S157/2002v The Commonwealth of Australia [2003] HCA 2
Australian Broadcasting Tribunal v Bond and Others (1990) 94 ALR 11
Cunliffe v The Commonwealth (1994) 182 CLR 272
Hughes and Vale Pty Ltd and Another v State of New South Wales and Others (No 2) (1955) 93 CLR 127
Re Control Customs Pty Limited and Chief Executive Officer of Customs [2001] AATA 284
Re SRH and Comptroller-General of Customs (1995) 21 AAR 401
Re Letts and Secretary to the Department of Social Security (1984) 7 ALD 1
Re Lachmaiya and Department of Immigration and Ethnic Affairs (1994) 90 AAR 148
Re Peng and Department of Immigration and Multicultural Affairs (AAT 12543 19 January 1998)
Allinson v General Council of Medical Education and Registration (1994) 1 QB 751
Lilienthal v Migration Agents Registration Authority (2002) 34 AAR 371
Pillai v Messiter (1989) 16 NSWLR 197
Australian Securities Commission v Kippe (1996) 137 ALR 423 at 431
Re De Vere and Migration Agents Registration Board [1998] AATA 767
Re Griffiths and Migration Agents Registration Authority [2002] AATA 247
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Chan v Zacharia (1984) 154 CLR 178
REASONS FOR DECISION

11 May 2004 Mr J Handley, Senior Member
Associate Professor J.H. Maynard, Member

1. Mr Woods applies to review a number of decisions made by the Migration Agents’ Registration Authority…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] AATA 457
Decision Date: 11 May 2004

CaseChat Overview and Summary

The parties involved in this case were Woods and the Migration Agents Registration Authority. The applicant, Woods, sought review of the Authority’s decision to cancel his registration as a migration agent under the Migration Act 1958. The crux of the dispute centred around the Authority’s determination that Woods was not a person of integrity and had failed to comply with the prescribed Code of Conduct, leading to the cancellation of his registration. The matter was brought before the court for judicial review.

The legal issues at hand involved interpreting the statutory provisions under the Migration Act, particularly sections 303(f) and 303(g) concerning the integrity and fitness of a migration agent. The court needed to determine whether the Authority’s finding that an individual related by employment to Woods was not a person of integrity was valid. Furthermore, the court had to assess if the Authority’s decision to cancel Woods' registration was justified based on the statutory criteria and procedural fairness.

In its reasoning, the court examined the evidence presented to the Authority and the interpretations made. The court concluded that the Authority’s determination regarding the employment relationship was flawed and therefore set aside that part of the decision. However, the court upheld the Authority’s findings that Woods was not a person of integrity, was not a fit and proper person to give immigration assistance, and had not complied with the Code of Conduct. The court found that these decisions were supported by substantial evidence and were within the Authority’s jurisdiction. Consequently, the remaining parts of the Authority’s decision were affirmed.

The final orders of the court included setting aside the part of the Authority's decision that identified an individual as not a person of integrity due to an employment relationship with Woods. The court affirmed the Authority's determination that Woods himself was not a person of integrity, not fit and proper, and had not complied with the Code of Conduct. The cancellation of Woods' registration as a migration agent was upheld, and his name was to be removed from the Register.

Orders

Orders of the court

1. The decision under review in so far as it was decided that an individual related by employment to the applicant was not a person of integrity within s303(g) of the Migration Act 1958 (“the Act”), is set aside and in substitution it is decided that relevant persons were not related by employment.

2. The remaining parts of the decision namely

(i) the applicant was not a person of integrity or was not a fit and proper person to give immigration assistance within s303(f) of the Act; and

(ii) the applicant had not complied with the Code of Conduct prescribed under s314(1) of the Act; and

(iii) to cancel the registration of the applicant as a registered migration agent by removing his name from the Register

are affirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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GENERAL ADMINISTRATIVE DIVISION		)
Re		JAMES MALCOLM WOODS (No. 1)