Kraues v Migration Agents Registration Authority [2018] FCA 664

FEDERAL COURT OF AUSTRALIA

Kraues v Migration Agents Registration Authority [2018] FCA 664 Appeal from: Kraues v Migration Agents Registration Authority [2016] AATA 1086

File number: NSD 82 of 2017

Judge: PERRY J

Date of judgment: 11 May 2018 Catchwords: ADMINISTRATIVE LAW – application for review of decision by Administrative Appeals Tribunal affirming cancellation of registration of migration agent by the Migration Agents Registration Authority –where miners working in Australia on temporary working visas made substantial payments to the applicant, a registered migration agent, but received no services in return – where Tribunal found applicant was not a person of integrity and had not complied with the Code of Conduct for Migration Agents – whether Authority and Tribunal had jurisdiction to investigate complaints and cancel registration - whether power to cancel under s 303, Migration Act, limited to cases where immigration assistance is given by virtue of s 316(1)(d) –where applicant conflated functions and powers under the Act - whether "retainer" agreements were not "in relation to immigration assistance" but only for the applicant to be available - whether applicant denied procedural fairness – whether no evidence of client/agent relationship between the applicant and miners – construction of "client" under the Code of Conduct - whether no evidence of receipt of monies for immigration assistance – whether Tribunal made correct or preferable decision as at the time of its decision – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Migration Act 1958 (Cth) ss 276, 280, 281, 290, 303, 306C, 316 Migration Agents Regulations 1998 (Cth) Sch 2