Federal Court of Australia
Federal Court of Australia
Migration Agents Registration Authority v Bebawy [2021] FCA 397 File number: QUD 349 of 2020
Judgment of: LOGAN J
Date of judgment: 2 March 2021
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal (the Tribunal) – where the respondent's registration as a migration agent had been cancelled by the applicant – where the Tribunal modified the duration of the cancellation period – where parties agreed that Tribunal decided in error by referencing s 311A of the Migration Act 1958 (Cth) – whether Tribunal failed to actively engage with submissions of the applicant and whether the Tribunal's reasons were sufficient – appeal allowed PRACTICE AND PROCEDURE – whether mater ought to be heard by the Tribunal as originally constituted – where reasons partly defective – where conclusions as to credibility were reached COSTS – application for costs certificate pursuant to s 6(3)(a) of the Federal Proceedings (Costs) Act 1981 (Cth) – where error of Tribunal not induced by either party – costs certificate awarded to respondent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Federal Court of Australia Act 1976 (Cth) s 43 Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6 Migration Act 1958 (Cth) ss 303, 306, 311A, 311F, 314 Migration Agents Regulations 1998 (Cth) Criminal Code 1899 (Qld) Commonwealth Criminal Code
Cases cited: Body Corporate Strata Plan No 4166 v Stirling Properties Ltd (No 2) [1984] VR 903 Collector of Customs (Qld) v Times Consultants Pty Ltd (1986) 13 FCR 190 Dennis Wilcox Pty Ltd v Federal Commissioner of Taxation (1988) 14 ALD 794 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Meyrick v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2020] FCAFC 209 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Queensland Law Society v Bax [1998] QCA 089 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate