Zhang v MIAC & Anor

The applicant, Mr Zhang, sought judicial review of a decision by the Migration Agents Registration Authority (MARA) to refuse his application for registration as a migration agent. The Minister for Immigration and Citizenship (MIAC) was the second respondent. The primary dispute concerned whether Mr Zhang possessed the requisite "good character" to be registered, as mandated by the *Migration Act 1958* (Cth) and associated regulations.

The central legal issue before the Full Federal Court was whether the delegate of the MARA had erred in law by failing to afford Mr Zhang procedural fairness. Specifically, the court considered whether Mr Zhang had been given adequate notice of the adverse information that formed the basis of the refusal and a sufficient opportunity to respond to it. The court also examined whether the delegate had properly considered the evidence presented by Mr Zhang in support of his good character.

Gummow and Bell JJ found that the delegate had indeed failed to provide procedural fairness. Their Honours held that the delegate had relied on adverse information that had not been specifically put to Mr Zhang, thereby denying him a proper opportunity to address the concerns. The court reiterated the principle that a decision-maker must inform an applicant of the case they have to meet, particularly when adverse information is to be taken into account. The court concluded that the delegate's decision was vitiated by this failure.

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