Kraues v Migration Agents Registration Authority [2018] FCA 664

Procedural Posture

Appeal on Questions of Law / Final Judgment

Legal Issues

1. 1 ['Whether the Authority and Tribunal had jurisdiction to investigate complaints and cancel registration of a migration agent' 'Whether the agreements between applicant and miners were made in relation to immigration assistance' 'Whether applicant was denied procedural fairness' 'Whether there was a client/migration agent relationship under the Code of Conduct' 'Whether monies received were for immigration assistance' 'Alleged error in findings of breaches of financial duties under the Code' 'Whether Tribunal failed to consider altered circumstances and evidence']

Ratio Decidendi

The Authority and Tribunal had jurisdiction to investigate and cancel the applicant's registration based on a broad construction of 'in relation to immigration assistance', which encompasses failures to provide assistance and conduct preparatory to such assistance. Applicant breached multiple provisions of the Code of Conduct for Migration Agents, failed to act in the legitimate interests of clients, and was found not to be a person of integrity or a fit and proper person to give immigration assistance. No procedural fairness error or other error of law was established; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

• ['Appeal on questions of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) is dismissed' "Applicant is to pay the first respondent's costs as agreed or taxed"]