High Court of Australia

Shi v Migration Agents Registration Authority [2008] HCA 31

235 CLR 286; 82 ALJR 1147; 248 ALR 390

30 Jul 2008

Case Number: S522/2007


Kirby, Hayne, Heydon, Crennan, Kiefel JJ


Administrative law – Application for review by Administrative Appeals Tribunal ("Tribunal") - Decision by Migration Agents Registration Authority ("the Authority") to cancel registration of migration agent - Tribunal's task to determine what was the correct or preferable decision - Whether Tribunal should determine what was the correct or preferable decision when the Authority made its decision, or whether Tribunal should determine the correct or preferable decision as at the time of its own decision - Necessity for close attention to the applicable legislative provisions.

Immigration – Migration agents - Registration and cautioning of migration agents - Power of the Authority to set out one or more conditions for the lifting of a caution given to registered migration agents - Tribunal (exercising for itself the powers and discretions conferred on the Authority) cautioned a migration agent and imposed conditions for the lifting of that caution - Conditions imposed restricted migration agent from providing assistance with protection visas and from working without supervision of another registered migration agent - Whether conditions could be imposed that seek to qualify a registered migration agent's right to use that registration - Whether conditions imposed were inconsistent with the legislative scheme for registration of migration agents.

Statutes – Construction - Powers of Tribunal to substitute its decision for a decision of an administrator - Proper approach to ambit and application of power - Necessity for close attention to the applicable legislative provisions - Necessity for attention to purpose and history of legislation - Whether any general presumption as to determination of the rights of parties - Relevance of the constitution, functions and general powers of Tribunal.

Words and phrases – "correct or preferable decision", "decision made in substitution for the decision so set aside".

Administrative Appeals Tribunal Act 1975 (Cth) – ss 25, 43.

Migration Act 1958 (Cth) – ss 303, 304A, 306.


PDF MD5: 23a80653117cfe3c0b5fb8af2d801cd8
RTF MD5: 0398cc86a9ad71745935c6c4c60f31b0