Seymour v The Migration Agents Registration Authority [2007] FCAFC 76

Seymour v The Migration Agents Registration Authority [2007] FCAFC 76

The appeal failed because, even without deciding whether the 2004 contempt conviction was a conviction for a criminal offence, the Tribunal independently found that the appellant was not a fit and proper person on the basis of matters it was entitled to consider, including his striking off as a solicitor, the 1994 Court order, the 2004 conviction for breach of that order, and failures to disclose relevant matters. Section 290(2) did not confine the Tribunal to an exhaustive list of considerations, and matters bearing on propriety or integrity could inform fitness to give immigration assistance. No error was disclosed in the primary judge's dismissal of the appeal.

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Migration Appeal Concerning Refusal of Migration Agent Registration / Appeal to the Full Court of the Federal Court From a Single Judge Who Dismissed an Appeal From the Administrative Appeals Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
['migration Agent Registration' 'fit and Proper Person' 'person of Integrity' 'disclosure of Convictions and Proceedings' 'appeal on a Question of Law']
['migration Law' 'administrative Law' 'occupational Licensing'] ['migration Agent Registration' 'fit and Proper Person' 'person of Integrity' 'disclosure of Convictions and Proceedings' 'appeal on a Question of Law']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of Migration Agent Registration / Appeal to the Full Court of the Federal Court From a Single Judge Who Dismissed an Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether the primary judge erred in finding that the appellant's prior contempt conviction constituted a conviction of a criminal offence for the purposes of s 290 of the Migration Act 1958 (Cth)." 'Whether the primary judge erred in failing to hold that the Tribunal erred in concluding that refusal to re-register the appellant was the correct or preferable decision under s 290(1) of the Migration Act 1958 (Cth).' "Whether the Tribunal could take into account the appellant's 1982 striking off, the 1994 Supreme Court order, the 2004 contempt conviction, and failures to disclose prior matters in assessing fitness, propriety and integrity."]

Ratio Decidendi

The appeal failed because, even without deciding whether the 2004 contempt conviction was a conviction for a criminal offence, the Tribunal independently found that the appellant was not a fit and proper person on the basis of matters it was entitled to consider, including his striking off as a solicitor, the 1994 Court order, the 2004 conviction for breach of that order, and failures to disclose relevant matters. Section 290(2) did not confine the Tribunal to an exhaustive list of considerations, and matters bearing on propriety or integrity could inform fitness to give immigration assistance. No error was disclosed in the primary judge's dismissal of the appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']