Lilienthal v Migration Agents Registration Authority [2001] FCA 2

FEDERAL COURT OF AUSTRALIA

Lilienthal v Migration Agents Registration Authority [2001] FCA 2 MIGRATION – threatened decision by Migration Agents Registration Authority not to re-register applicant as migration agent at end of current registration – threatened decision by Minister to withdraw former specification of courses provided by applicant as approved activities for purpose of continuing professional development of migration agents – whether two stay decisions by AAT in respect of Authority's earlier cancellation decisions would prevent decision-makers from acting on belief or suspicion that applicant had engaged in wrongdoing in transactions consideration of which had led Authority to cancel applicant's current registration – whether stay decisions of AAT can create issue estoppel – whether applicant a person aggrieved by Minister's threatened decision at time present proceeding commenced – whether existence of AAT applications deprived Authority of power to decide to refuse to re-register applicant as migration agent. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3(4)(b), 6(1), 8(1) Migration Act 1958 (Cth), ss 275, 290(1), 290(2), 290A, 299(1), 303, 306, 309(1), 315(1) Migration Agents Regulations 1998 (Cth), reg 6, cll 1, 3, 3A(1), 4 of Sch 1 Administrative Appeals Tribunal Act 1975 (Cth), ss 26, 41(2), 43 Midland Metals Overseas Limited v Comptroller-General of Customs (1991) 30 FCR 87 followed Administration of Papua and New Guinea v Daera Guba (1973) 130 CLR 353 referred to GARY IAN LILIENTHAL v MIGRATION AGENTS REGISTRATION AUTHORITY AND MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1475 of 2000 KATZ J 5 JANUARY 2001 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1475 OF 2000

BETWEEN: GARY IAN LILIENTHAL