Wang v Administrative Appeals Tribunal [2003] FCA 1394

Wang v Administrative Appeals Tribunal [2003] FCA 1394

A stay of the Authority's decision not to register the applicant as a migration agent is appropriate in all the circumstances, pending determination of the appeal.

Jurisdiction
Australia
Judgment Date
02 December 2003
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Stay granted
Legal Topics
['stay of Decision' 'registration of Migration Agents' "construction of 'usually Resident' in Statutory Definition"]
['administrative Law' 'migration Law'] ['stay of Decision' 'registration of Migration Agents' "construction of 'usually Resident' in Statutory Definition"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted pending appeal against the refusal to register the applicant as a migration agent' "Correct construction of 'usually resident' in the definition of 'Australian permanent resident' for registration purposes"]

Ratio Decidendi

A stay of the Authority's decision not to register the applicant as a migration agent is appropriate in all the circumstances, pending determination of the appeal.

Court Disposition

Stay granted

Orders

  • ['The operation or implementation of the decision of the Migration Agents Registration Authority made on 8 May 2003 not to register the applicant is stayed until the appeal is determined.' "Each party's costs of the applicant's stay motion are to be that party's costs in the appeal."]