Shi v Migration Agents Registration Authority

HIGH COURT OF AUSTRALIAKIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJNELSON GUANG LAI SHI APPELLANTANDMIGRATION AGENTS REGISTRATION AUTHORITY  RESPONDENTShi v Migration Agents Registration Authority [2008] HCA 3130 July 2008S522/2007ORDER1.     Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 27 April 2007 and, in their place, order that:(a)     the appeal to that Court be allowed with costs; and(b)the orders of the Federal Court of Australia made on 15 September 2006 and 27 November 2006 be set aside and, in their place, it be ordered that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationT A Game SC with N C Poynder for the appellant (instructed by KGA Lawyers)S J Gageler SC with S B Lloyd for the respondent (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSShi v Migration Agents Registration AuthorityAdministrative law – Application for review by Administrative Appeals Tribunal ("Tribunal") – Decision by Migration Agents Registration Authority ("the Authority") to cancel registration of migration agent – Tribunal's task to determine what was the correct or preferable decision – Whether Tribunal should determine what was the correct or preferable decision when the Authority made its decision, or whether Tribunal should determine the correct or preferable decision as at the time of its own decision – Necessity for close attention to the applicable legislative provisions.Immigration – Migration agents...