Hartnett v Migration Agents Registration Authority [2007] FCA 100

Hartnett v Migration Agents Registration Authority [2007] FCA 100

It was not appropriate for the Tribunal to make order number three as it was not required by the Migration Act 1958 (Cth). The section does not contemplate a positive order, and such an order may cause confusion. The Tribunal had already determined the relevant facts and nothing remained to be remitted. The only necessary determination was that section 290(1) did not operate as a bar to registration. The appeal should be allowed and order number three set aside.

Parties
Applicant: Beau Hartnett; Respondent: Migration Agents Registration Authority
Jurisdiction
Australia
Judgment Date
06 February 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Migration Agent Registration, Administrative Review, Statutory Interpretation
Administrative Law Migration Law Migration Agent Registration Administrative Review Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Beau Hartnett

Applicant

Migration Agents Registration Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's order number three was appropriate under section 290(1) of the Migration Act 1958 (Cth)
  2. 2 Whether a positive declaration regarding 'fit and proper person' and 'integrity' under section 290(1) should be made
  3. 3 Whether the matter should have been remitted to the Authority

Ratio Decidendi

It was not appropriate for the Tribunal to make order number three as it was not required by the Migration Act 1958 (Cth). The section does not contemplate a positive order, and such an order may cause confusion. The Tribunal had already determined the relevant facts and nothing remained to be remitted. The only necessary determination was that section 290(1) did not operate as a bar to registration. The appeal should be allowed and order number three set aside.

Court Disposition

Appeal allowed

Orders

  • Order number three of the Orders dated 11 August 2003 and 9 February 2004 made by the Administrative Appeals Tribunal in matter numbers Q 2003 of 758 and Q 2004 of 180 set aside