Back to the future

A brief (recent) history of the regulation of the migration advice profession in Australia: In 1992, the Migration Amendment Act (No 3) 1992 (Cth) introduced, the Migration Agents Registration Scheme; Under that scheme, practising lawyers (who could previously give...

Personal costs

There is specific power in section 486E Migration Act, to make personal costs orders (against advisers). As Rangiah J explained in SZTMH v Minister for Immigration and Border Protection (2015) 230 FCR 550, there is a balance. On one hand there is a clear intention to...

Fraud or unreasonableness?

The cases of Minister for Home Affairs v DUA16 and Minister for Home Affairs v CHK16 [2020] HCA 46 highlight an interesting application of legal unreasonableness to what appears to be case of fraud. It was common ground that the applicants in these cases (and probably...