Sarkis v Migration Agents Registration Board [1998] FCA 719

Sarkis v Migration Agents Registration Board [1998] FCA 719

The AAT did not deny procedural fairness because the matters on which adverse findings were made were known to and in issue between the parties, were addressed in evidence and written submissions, and the conclusions were open on the material before the AAT; no request for a two stage hearing was made. The AAT referred to and considered the statutory matters in s 295, and its failure to treat them as a discrete issue did not establish legal error. The AAT properly determined fitness as at the time of its de novo review. Accordingly no error of law was established.

Jurisdiction
Australia
Judgment Date
15 June 1998
Procedural Posture
Administrative Law Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From an Administrative Appeals Tribunal Decision Affirming Refusal of Registration as a Migration Agent / Federal Court Judgment on Application; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['registration of Migration Agents' 'fit and Proper Person' 'person of Integrity' 'natural Justice' 'procedural Fairness' 'failure to Take Into Account Statutory Considerations' 'administrative Appeals Tribunal Review']
['administrative Law' 'migration Law'] ['registration of Migration Agents' 'fit and Proper Person' 'person of Integrity' 'natural Justice' 'procedural Fairness' 'failure to Take Into Account Statutory Considerations' 'administrative Appeals Tribunal Review']

Case Brief

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Procedural Posture

Administrative Law Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From an Administrative Appeals Tribunal Decision Affirming Refusal of Registration as a Migration Agent / Federal Court Judgment on Application; Application Dismissed

Legal Issues

  1. 1 ['Whether the AAT denied natural justice by failing to adopt a two stage procedure and invite further submissions after making adverse findings of fact against the applicant.' 'Whether the AAT failed to take into account matters required by s 295(b) and s 295(d) of the Migration Act 1958 (Cth).' "Whether the AAT wrongly assessed the applicant's fitness by reference to events in 1993-4 rather than at the date of the hearing or decision."]

Ratio Decidendi

The AAT did not deny procedural fairness because the matters on which adverse findings were made were known to and in issue between the parties, were addressed in evidence and written submissions, and the conclusions were open on the material before the AAT; no request for a two stage hearing was made. The AAT referred to and considered the statutory matters in s 295, and its failure to treat them as a discrete issue did not establish legal error. The AAT properly determined fitness as at the time of its de novo review. Accordingly no error of law was established.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the proceedings."]