Yildiz v Migration Agents Registration Authority [2021] FCA 1550

Federal Court of Australia

Yildiz v Migration Agents Registration Authority [2021] FCA 1550 File number(s): VID 575 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 10 December 2021

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision of the Migration Agents Registration Authority to cancel the applicant's migration agent registration following its investigations into four complaints made against the applicant – where the applicant was represented by solicitors and counsel before the Tribunal – allegations that the Tribunal did not address relevant evidence, did not accord procedural fairness, was affected by bias, placed unreasonable weight on certain matters, and erred in determining that cancellation was the appropriate consequence of its findings – whether, in according the applicant procedural fairness, the Tribunal was required to make available for cross-examination all four complainants before relying on material relating to the complaints – allegations not made out – no errors of law found – appeal dismissed with costs. PRACTICE AND PROCEDURE – application to adduce further evidence on appeal that was not before the Tribunal – whether the proposed further evidence was connected to permissible findings of fact on appeal – proposed further evidence sought to be adduced for the purpose of the court making findings of fact inconsistent to those made by the Tribunal – application refused.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 32, 33(1), 33A, 34J, 35(1), 40, 40A(1), 44, 44(7) and (8) Migration Act 1958 (Cth) ss 275, 276, 280, 287, 306, 308, 314(1) and (2), 320 Federal Court Rules 2011 (Cth), r 33.12(2)(b), 33.29, 33.29(2) Migration Agents Regulations 1998 (Cth) reg 8