BYF15 v Minister for Immigration and Border Protection [2016] FCA 774

FEDERAL COURT OF AUSTRALIA

BYF15 v Minister for Immigration and Border Protection [2016] FCA 774 Appeal from: Application for leave to appeal: BYF15 & Ors v Minister for Immigration & Anor [2016] FCCA 75

File number: NSD 142 of 2016

Judge: PERRY J

Date of judgment: 1 July 2016

Catchwords: MIGRATION – application for leave to appeal decision of Federal Circuit Court not to set aside earlier decision summarily dismissing judicial review proceedings and reinstate the proceedings under r 16.05(2) of the Federal Circuit Court Rules 2001 (Cth) – whether Tribunal failed to take into account medical condition of fourth applicant - where appeal would not have sufficient prospects of success to warrant grant of leave - application dismissed. PRACTICE AND PROCEDURE – duties of the Court to ensure an unrepresented litigant is aware of procedural and evidential rules.

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) rr 13.03C, 16.05(2), 44.12 Federal Court Rules 2011 (Cth) r 35.12 Migration Act 1958 (Cth) ss 36(2), 417, 425

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Baig v Minister for Immigration and Border Protection [2014] FCA 855 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hamod v New South Wales [2011] NSWCA 375 House v R (1936) 55 CLR 499 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; (2013) 212 FCR 235 SZHBX v Minister for Immigration Citizenship [2008] HCASL 131 SZHSY v Minister for Immigration and Citizenship [2007] FCA 793 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158