Barrie Goldsmith v Migration Agents Registration Authority [2001] FCA 407

FEDERAL COURT OF AUSTRALIA

Barrie Goldsmith v Migration Agents Registration Authority [2001] FCA 407

ADMINISTRATIVE LAW -Migration – Migration agents – Registration of agents – Construction of regulations requiring agents to undertake continuing professional development courses – Compatibility of regulations with relevant statutory provision – Whether courses must be completed during currency of previous registration or whether it is sufficient they be completed prior to application for re-registration.

Migration Act 1958, ss 286, 287, 289, 290, 290A, 299, 504 Acts Interpretation Act 1901, ss 15AA, 46(1)(b) Migration Agents Regulations 1998, reg 6, Schedule 1 BARRIE GOLDSMITH v MIGRATION AGENTS REGISTRATION AUTHORITY N232 of 2001 WILCOX J 11 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N232 of 2001

ON APPEAL FROM THE GENERAL DIVISION OF THE

ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BARRIE GOLDSMITH

APPELLANT

AND: MIGRATION AGENTS REGISTRATION AUTHORITY

RESPONDENT

JUDGE: WILCOX

DATE OF ORDER: 11 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal made on 6 March 2001 be set aside. 2. In lieu of this decision, it be ordered that: (a) the respondent's decision of 28 November 2000 refusing the applicant's application for registration as a migration agent be set aside; and (b) the respondent enter the applicant's name into the register of migration agents maintained pursuant to s 287 of the Migration Act 1958 with effect from 28 November 2000. 3. The respondent pay the applicant's costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA