Kraues v Office of Migration Agents Registration Authority [2019] FCAFC 52

FEDERAL COURT OF AUSTRALIA

Kraues v Office of Migration Agents Registration Authority [2019] FCAFC 52 Appeal from: Kraues v Migration Agents Registration Authority [2018] FCA 664

File numbers: NSD 898 of 2018

Judges: MARKOVIC, THOMAS AND THAWLEY JJ

Date of judgment: 2 April 2019

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal affirming cancellation of registration of migration agent by the Migration Agents Registration Authority – whether the Migration Agents Registration Authority and the Administrative Appeals Tribunal had jurisdiction to investigate complaints and cancel registration – whether the Administrative Appeals Tribunal failed to afford procedural fairness to the applicant – whether no evidence of client/agent relationship between the applicant and the miners – whether power to cancel registration under s 303 of the Migration Act 1958 (Cth) limited to complaints in relation to the "provision of immigration assistance" – whether the function of investigating complaints "in relation to" the provision of immigration assistance under s 316(1)(c) of the Migration Act 1958 (Cth) is limited to the actual provision of immigration assistance – whether the power provided by s 314 of the Migration Act 1958 (Cth) to prescribe a Code of Conduct is confined to prescribing standards of conduct only where "immigration assistance" is in fact given – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) Pt 2 Div 3A, Pt 3 Divs 3, 3A, ss 276, 280, 281, 290, 303(1), 305, 305A, 305B, 305C, 306C, 308, 309(2), 314, 316(1), 317 Migration Agents Regulations 1998 (Cth) Sched 2