Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Appeal from: AMF15 v Minister for Immigration and Border Protection [2015] FCCA 1307
File numbers: NSD 1291 of 2015 NSD 595 of 2016
Judges: FLICK, GRIFFITHS and PERRY JJ
Date of judgment: 20 May 2016
Catchwords: PRACTICE AND PROCEDURE – judicial review application under s 39B of the Judiciary Act 1903 (Cth) – court's duty to unrepresented litigants – power of the Federal Circuit Court of Australia summarily to dismiss a matter under r 44.12 of the Federal Circuit Court of Australia Rules 1999 (Cth). MIGRATION – whether applicant denied procedural fairness in primary judge moving immediately to a show cause hearing in all of the circumstances including where applicant was unrepresented and did not speak or read English, there was no adequate explanation of the Court's processes, confusing and technical language was used and the applicant had received a 318 page court book only the day before. ADMINISTRATIVE LAW – whether right to publicly funded legal representation or to a stay of proceedings as an aspect of procedural fairness.
Legislation: Federal Circuit Court of Australia Act 1999 (Cth), s 17A Judiciary Act 1903 (Cth), ss 39B, 78B Migration Act 1958 (Cth), ss 91R(3), 476 Federal Circuit Court of Australia Rules 2001 (Cth), Pt 44, Chs 1, 3, rr 6.19(a), 10.03. 44.05, 44.05(2)(b), 44.06, 44.11, 44.12, 44.12(1)(a), 44.13
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