Migration Agents Registration Authority v Barrie Goldsmith [2001] FCA 778

Migration Agents Registration Authority v Barrie Goldsmith [2001] FCA 778

By majority, s 290A of the Migration Act 1958 (Cth) did not authorise a regulation that required the respondent to have completed CPD during the currency of his previous registration as a condition of re-registration within 12 months. Item 1 of Schedule 1 of the Migration Agents Regulations 1998 (Cth), to the extent that it imposed that timing requirement, was inconsistent with the legislative scheme and varied the plan adopted by s 290A. The respondent had completed the required CPD activities before applying for re-registration, and the appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
22 June 2001
Procedural Posture
Administrative Law Appeal Concerning Refusal of Registration as a Migration Agent / Full Court Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['migration Agent Registration' 'continuing Professional Development' 'validity of Regulations' 'statutory Construction' 'inconsistency Between Regulations and Act']
['administrative Law' 'migration Law' 'delegated Legislation'] ['migration Agent Registration' 'continuing Professional Development' 'validity of Regulations' 'statutory Construction' 'inconsistency Between Regulations and Act']

Case Brief

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Procedural Posture

Administrative Law Appeal Concerning Refusal of Registration as a Migration Agent / Full Court Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether item 1 of Schedule 1 of the Migration Agents Regulations 1998 (Cth), requiring CPD to be completed in the year ending on the anniversary of the migration agent's previous registration, was authorised by s 290A of the Migration Act 1958 (Cth)." 'Whether s 290A of the Migration Act 1958 (Cth) contemplates that prescribed CPD requirements may be met up to the time of an application for re-registration or its determination, rather than only during the previous registration year.' 'Whether s 46(1)(b) of the Acts Interpretation Act 1901 (Cth) affected the validity or construction of the regulation.']

Ratio Decidendi

By majority, s 290A of the Migration Act 1958 (Cth) did not authorise a regulation that required the respondent to have completed CPD during the currency of his previous registration as a condition of re-registration within 12 months. Item 1 of Schedule 1 of the Migration Agents Regulations 1998 (Cth), to the extent that it imposed that timing requirement, was inconsistent with the legislative scheme and varied the plan adopted by s 290A. The respondent had completed the required CPD activities before applying for re-registration, and the appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant pay the respondent's costs to be taxed, including reserved costs."]