Migration Agents Registration Authority v Shi [2006] FCA 1236

FEDERAL COURT OF AUSTRALIA

Migration Agents Registration Authority v Shi [2006] FCA 1236

IMMIGRATION – migration agents – registration of – cancellation, suspension and caution – whether on review of a decision of the Migration Agents Registration Authority the Administrative Appeals Tribunal is to consider whether the decision was the correct and preferable one at the time of its making by the Authority or at the time of the Tribunal's decision – whether conditions, which could not be imposed upon an agent's registration, could be set for the lifting of a caution imposed pursuant to s 303(1)(c) of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 290, 292, 303, 304A, 314 Migration Amendment Act (No. 3) 1992 (Cth) Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004 (Cth)

Aged Care Standards and Accreditation Agency Ltd v Kenna Investments Pty Ltd (2004) 138 FCR 428 referred to Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409applied Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 applied Hospital Benefit Fund of WA v Minister for Health, Housing and Community Affairs (1992) 39 FCR 225 referred to Lu v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 141 FCR 346 applied Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Sharma (1999) 90 FCR 513 referred to Nong v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 257referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 applied Shi v The Migration Institute of Australia Ltd (2003) 134 FCR 326 related Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to MIGRATION AGENTS REGISTRATION AUTHORITY v NELSON GUANG LAI SHI NSD 1853 OF 2005 NSD 1855 OF 2005 NSD 1856 OF 2005 NSD 1857 OF 2005