Shi v Migration Institute of Australia Ltd [2003] FCA 1304

FEDERAL COURT OF AUSTRALIA

Shi v Migration Institute of Australia Ltd [2003] FCA 1304 Practice and Procedure - Migration - refusal by Migration Agents Review Authority to renew registration as migration agent - application to the Administrative Appeals Tribunal for a stay - whether possible to stay - operative decision held to be decision to refuse registration - effect of stay would not renew registration - section 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) to be given broad interpretation Administrative Appeals Tribunal Act 1975 (Cth) s 41(2) Migration Act 1958 (Cth) s 300, 309 Re Alexander and Migrations Agents Registration Board (1995) 40 ALD 99 distinguished Re Dekanic and Tax Agents Board of NSW (1982) 6 ALD 240 followed Re Nelson and Tax Agents Board of Queensland (1993) 30 ALD 317 followed Yolbir v Administrative Appeals Tribunal (1994) 48 FCR 246 followed Ex parte Walton; In re Levy (1881) 17 Ch D 746 cited Re Secretary, Department of Social Security and Guner (1990) 21 ALD 399 referred to Re Gowing and Civil Aviation Authority (1990) 22 ALD 207 referred to NELSON GUANG LAI SHI v MIGRATION INSTITUTE OF AUSTRALIA LTD (ACN 003 409 390) constituting the Migration Agents Registration Authority, AND ADMINISTRATIVE APPEALS TRIBUNAL N1597 of 2003 TAMBERLIN J SYDNEY 14 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1597 OF 2003

BETWEEN: NELSON GUANG LAI SHI

APPLICANT

AND: MIGRATION INSTITUTE OF AUSTRALIA LTD

(ACN 003 409 390) constituting the Migration Agents Registration Authority

FIRST RESPONDENT

ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 14 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The parties are directed to bring in draft Short Minutes of Order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.