Nair v Minister for Immigration & Multicultural Affairs [2000] FCA 1305

FEDERAL COURT OF AUSTRALIA Nair v Minister for Immigration & Multicultural Affairs [2000] FCA 1305

migration – review of decision to deregister applicant as migration agent – whether applicant should have been afforded procedural fairness prior to deregistration – whether plain words of necessary intendment excluded requirement of procedural fairness – whether procedural fairness afforded – whether futile to grant applicant relief in any case – whether Migration Agents Registration Board "provide[d] with" required information when information posted to, but not received by, Board – whether renewal fee owing to Commonwealth "paid" when cheque posted to, but not received by, Board. CRIMINAL LAW – whether breach of s 312(2) of Migration Act common law offence of contempt of statute. PRACTICE & PROCEDURE – concession by party on matter of law – whether binding on Court. ADMINISTRATIVE LAW – requirement of procedural fairness – when procedural fairness excluded. REMEDIES – judicial review – discretion – futility. WORDS & PHRASES – "provide with", "paid". Migration Act 1958 (Cth), ss 276, 286, 288(1), 289(2), 290, 291(b), 292, 293, 294, 296, 297, 298, 299(1), 299(2), 300, 301(1), 302, 303, 305, 306, 309(1), 309(2), 312 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 11(1)(c), 11(3) Judiciary Act 1903 (Cth), s 39B(1) Migration Agents Registration (Renewal) Levy Act 1992 (Cth), ss 4, 5, 6, 7 Administrative Appeals Tribunal Act 1975 (Cth) R v Horseferry Road Justices, ex p Independent Broadcasting Authority [1987] QB 54 referred to Annetts v McCann (1990) 170 CLR 596 followed Commissioner for Railways (Qld) v Peters (1991) 24 NSWLR 407 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 followed Abebe v The Commonwealth (1999) 197 CLR 510 followed Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-Stock Corporation (1990) 96 ALR 153 discussed Hayman v Griffiths [1988] QB 97 discussed Customs and Excise Commissioners v W Timms & Son (Builders) Ltd [1992] STC 374 referred to R v Kern's Motor Town Sales Ltd (1968) 68 DTC 5141 discussed Oxford English Dictionary 2nd ed NAIR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS, MIGRATION AGENTS REGISTRATION AUTHORITY and SECRETARY OF THE DEPARTMENT OF IMMIGRATION & MULTICULTURAL AFFAIRS N 137 of 1999 KATZ J 3 OCTOBER 2000 SYDNEY