Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jaffari v Minister for Immigration & Multicultural Affairs [2001] FCA 985
MIGRATION – non-citizen child – judicial review proceedings – whether child may proceed without tutor or next friend – position of pro bono counsel – circumstances under which assistance may cease – question of exposure to costs PRACTICE AND PROCEDURE – whether a tutor is required for proceedings commenced under Part 8 of the Migration Act
Migration Act 1958 (Cth) Immigration (Guardianship of Children) Act 1946 (Cth) s 6, s 4AAA Judiciary Act 1903 (Cth) s 39B
Federal Court Rules O 43, O 8, O 6, O 7 X v Minister for Immigration and Multicultural Affairs (1999) 164 ALR 583 cited Myers v Nominal Defendant [1966] 1 NSWR 659 at 668 cited Dey v Victorian Railway Commissioners (1949) 78 CLR 62 cited Haines v Leves (1987) 8 NSWLR 442 at 449-451 cited Al Raied v Minister for Immigration and Multicultural Affairs [2001] FCA 313 cited SYED MEHDI JAFFARI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W145 OF 2001 CHAMAN ALI HAIDER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W154 OF 2001 FRENCH J 26 JULY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W145 OF 2001
BETWEEN: SYED MEHDI JAFFARI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTCULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 26 JULY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The proceedings may continue without the appointment of a tutor or next friend.
2. The Respondent shall not seek any order for costs against any legal representative of the applicant by reason of such representation on the basis of want of capacity on the part of the applicant.
3. The hearing of the application fixed for 8 August 2001 will be varied to 5 September 2001 in order to enable applications for legal aid in relation to cognate proceedings in the Supreme Court of Western Australia concerning the appointment of legal representatives to be pursued.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate