Barrie Goldsmith v Migration Agents Registration Authority [2001] FCA 407

Barrie Goldsmith v Migration Agents Registration Authority [2001] FCA 407

On its ordinary language, item 1 of Schedule 1 could not be construed as permitting completion of continuing professional development activities outside the year ending on the anniversary of the previous registration. However, s 290A was directed to whether, at the time of deciding the re-registration application, the applicant had met the prescribed requirements, and did not itself impose a requirement that the activities be completed during the previous registration year. To the extent item 1 imposed that additional timing requirement it exceeded the statutory scheme, but s 46(1)(b) of the Acts Interpretation Act 1901 required it to be read down as requiring completion before the...

Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Appeal From the General Division of the Administrative Appeals Tribunal Under S 44 of the Administrative Appeals Tribunal Act 1975 Concerning Registration as a Migration Agent / Final Judgment; Decision of the Administrative Appeals Tribunal Set Aside
Outcome
Application allowed; decision of the Administrative Appeals Tribunal set aside; respondent's refusal set aside; respondent ordered to register the applicant with effect from 28 November 2000; respondent to pay costs.
Legal Topics
['migration Agents Registration' 'continuing Professional Development Requirements' 'validity and Construction of Regulations' 'statutory Interpretation' 'appeal From Administrative Appeals Tribunal']
['administrative Law' 'migration Law'] ['migration Agents Registration' 'continuing Professional Development Requirements' 'validity and Construction of Regulations' 'statutory Interpretation' 'appeal From Administrative Appeals Tribunal']

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Procedural Posture

Appeal From the General Division of the Administrative Appeals Tribunal Under S 44 of the Administrative Appeals Tribunal Act 1975 Concerning Registration as a Migration Agent / Final Judgment; Decision of the Administrative Appeals Tribunal Set Aside

Legal Issues

  1. 1 ['Whether item 1 of Schedule 1 to the Migration Agents Regulations 1998 required continuing professional development activities to be completed during the year ending on the anniversary of the previous registration or merely before the application for re-registration.' 'Whether item 1 of Schedule 1 to the Migration Agents Regulations 1998 was invalid to the extent it required continuing professional development activities to be completed during the currency of the previous registration rather than before re-application.' 'Whether s 46(1)(b) of the Acts Interpretation Act 1901 required item 1 of Schedule 1 to be read down so as not to exceed the regulation-making power.']

Ratio Decidendi

On its ordinary language, item 1 of Schedule 1 could not be construed as permitting completion of continuing professional development activities outside the year ending on the anniversary of the previous registration. However, s 290A was directed to whether, at the time of deciding the re-registration application, the applicant had met the prescribed requirements, and did not itself impose a requirement that the activities be completed during the previous registration year. To the extent item 1 imposed that additional timing requirement it exceeded the statutory scheme, but s 46(1)(b) of the Acts Interpretation Act 1901 required it to be read down as requiring completion before the...

Court Disposition

Application allowed; decision of the Administrative Appeals Tribunal set aside; respondent's refusal set aside; respondent ordered to register the applicant with effect from 28 November 2000; respondent to pay costs.

Orders

  • ['The decision of the Administrative Appeals Tribunal made on 6 March 2001 be set aside.' "In lieu of this decision, it be ordered that the respondent's decision of 28 November 2000 refusing the applicant's application for registration as a migration agent be set aside." "The respondent enter the applicant's name...