Chen v Migration Agents Registration Authority (No 2) [2016] FCA 865

FEDERAL COURT OF AUSTRALIA

Chen v Migration Agents Registration Authority (No 2) [2016] FCA 865 Appeal from: Chen v Migration Agents Registration Authority (Migration) [2016] AATA 188

File number: NSD 590 of 2016

Judge: GRIFFITHS J

Date of judgment: 2 August 2016

Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from a decision of the Administrative Appeals Tribunal which dismissed summarily under s 42B of the Administrative Appeals Tribunal Act 1975 (Cth) the applicant's review application – no appealable error shown – appeal dismissed. MIGRATION – proper construction of requirements under ss 289A and 290(1)(a) if the Migration Act 1958 (Cth) to be registered as a migration agent – whether substantial compliance sufficient regarding English language proficiency. PRACTICE AND PROCEDURE – objection to competency that no question of law properly identified dismissed.

Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Administrative Appeals Tribunal Act 1975 (Cth), ss 42B, 42B(1), 42B(1)(b), 44 Interpretation of Legislation Act 1984 (Vic), s 35(a) Legislation Act 2003 (Cth), s 13 Migration Act 1958 (Cth), ss 289A, 290(1)(a) Migration Agents Regulations 1998, regs 5, 5(2), 5(3), 5(3)(b), 5(4) Mining Act 1978 (WA), s 105(1)

Cases cited: Chugg v Pacific Dunlop Ltd [1990] HCA 41; 170 CLR 249 Haritos v Federal Commission of Taxation [2015] FCAFC 92; 233 FCR 315 Hunter Resources Limited v Melville [1988] HCA 5; 164 CLR 234 Paraponiaris and Secretary, Department of Employment [2015] AATA 895 State of Victoria v The Commonwealth and Connor [1975] HCA 39; 134 CLR 81