Hartnett v Migration Agents Registration Authority [2004] FCA 50

FEDERAL COURT OF AUSTRALIA

Hartnett v Migration Agents Registration Authority [2004] FCA 50 PRACTICE AND PROCEDURE - appeal under s44 of the Administrative Appeals Tribunal Act 1975 (Cth) – Administrative Appeals Tribunal affirming decision of Migration Agents Registration Authority – whether notice of appeal complies with the requirements of Order 53 rule 3 of the Federal Court Rules – what constitutes a question of law

ADMINISTRATIVE LAW – appeal fromAdministrative Appeals Tribunal - review of decision of Migration Agents Registration Authority – suspension of migration agent's registration – breach of Code of Conduct – whether response to Notice of Intention to Cancel business visa is an "application" – whether alleged question of law assumed particular construction – relevance of alleged recommendation by conduct advisory panel – whether consideration of the recommendation a question of fact – whether adequate reasons given – whether the reasoning process for reaching conclusions and findings of material questions of fact was exposed – level of satisfaction required for finding breach of Code of Conduct

Migration Act 1958 (Cth) ss 303(h), 314 Administrative Appeals Tribunal Act 1975 (Cth) s44 Migration Regulations 1994 Migration Agents Regulations 1998

Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232, applied

Australian Securities and Investment Commission v Saxby Bridge Financial Planning Pty Ltd [2003] FCAFC 244; (2003) 202 ALR 450, applied

Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143, referred to

Franks v Secretary, Department of Family and Community Services [2002] FCAFC 436; (2002) 125 FCR 212, applied

Dolan v Australian and Overseas Telecommunications Corporation (1993) 42 FCR 206, followed

Briginshaw v Briginshaw (1938) 60 CLR 336, referred to