Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hanna v Migration Agents Registration Authority [1999] FCA 1657 MIGRATION – appeal from decision of Administration Appeals Tribunal affirming decision of Migration Agents Registration Board for error of law – where Board issued a caution to the applicant under s 303 of the Migration Act 1958 (Cth) for breach of cl 17 of the Code of Conduct for migration agents – statutory interpretation of cl 17 – regard to be had to penal nature of sanctions such that caution should be used before introducing language the legislature had not chosen to use – whether requirement to act in a timely manner limited to cases where client has provided necessary information and documentation in time for legislative deadlines Migration Act 1958 (Cth) ss 303, 316(d) Administrative Appeals Tribunal Act (1975) (Cth) s 44 Migration Agents Regulations, Schedule, Code of Conduct Briginshaw v Briginshaw (1938) 60 CLR 336 followed Marshall v Watson (1972) 124 CLR 640 cited Austin v Federal Commissioner of Taxation [1932] VLR 335 cited Davis Jenkins & Co Ltd v Davis (Inspector of Taxes) (1968) AC 1097 cited Scott v Lowe (1981) Tas R 37 cited Gifford Statutory Interpretation 1990 Pearce Statutory Interpretation in Australia 1996 Bennion Statutory Interpretation 3rd ed. 1997 FAYEZ PHILIPPE HANNA v MIGRATION AGENTS REGISTRATION AUTHORITY
N 502 OF 1999 TAMBERLIN J SYDNEY 26 NOVEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 502 OF 1999
BETWEEN: FAYEZ PHILIPPE HANNA
APPLICANT
AND: MIGRATION AGENTS REGISTRATION AUTHORITY
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 26 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is allowed with costs. 2. The decision of the Administrative Appeals Tribunal is set aside. 3. The matter is remitted to the Administrative Appeals Tribunal for determination in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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