Mushke v Minister for Immigration and Border Protection [2016] FCA 1003

FEDERAL COURT OF AUSTRALIA

Mushke v Minister for Immigration and Border Protection [2016] FCA 1003 Appeal from: Mushke v Minister for Immigration & Anor [2016] FCCA 897

File number: VID 377 of 2016

Judge: PERRY J

Date of judgment: 24 August 2016

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing judicial review of Migration Review Tribunal decision– where termination of services by migration agent and authorised recipient not communicated to Tribunal - whether Tribunal failed to comply with s 360(1) of the Migration Act 1958 (Cth) in giving invitation to hearing to (former) authorised recipient where Tribunal not advised of termination of services – where appellant did not receive Minister's submissions until morning of hearing in Federal Circuit Court – where unrepresented appellant not advised he could apply for an adjournment – where any denial of procedural fairness in Federal Circuit Court "cured" by hearing on appeal – no utility in grant of relief for any breach of procedural fairness. PRACTICE AND PROCEDURE – Court's duty to unrepresented litigants.

Legislation: Migration Act 1958 (Cth) ss 359A, 360, 379G Federal Circuit Court Rules 2001 (Cth) r 6.02 Migration Regulations 1994 (Cth) Sch 2 cl 572.223

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 BYF15 v Minister for Immigration and Border Protection [2016] FCA 774 Hamod v New South Wales [2011] NSWCA 375 Lee v Minister for Immigration and Citizenship [2007] FCAFC 62; (2007) 159 FCR 181 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445