NADG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 893

FEDERAL COURT OF AUSTRALIA

NADG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 893

MIGRATION – refugee – refusal of a protection visa – whether reconstitution of the Refugee Review Tribunal requires the applicant be given another opportunity to appear and give evidence LEGAL PRACTITIONER – duties to the court – special relationship between a legal practitioner and the court – whether a legal practitioner has a duty to disclose to the court assistance provided to a litigant – whether a legal practitioner has a duty to disclose assistance provided in drawing documents filed in court proceedings

Migration Act 1958 (Cth) ss 422, 474 Judiciary Act 1903 (Cth)s 39B Re B [1981] 2 NSWLR 373 cited Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited Bal v Minister for Immigration & Multicultural Affairs [220] FCAFC 189 followed Lui v Minister for Immigration & Multicultural Affairs [2001] FCA 1362; 187 ALR 348 followed

The Council of the Law Society (UK) A Guide to the Professional Conduct of Solicitors 1974 NADG OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL N 151 OF 2002 BRANSON J 19 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 151 OF 2002

BETWEEN: NADG OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 19 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed;

2. The applicant pay the respondents' costs.

IN THE FEDERAL COURT OF AUSTRALIA