Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 1224

FEDERAL COURT OF AUSTRALIA

Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 1224 Appeal from: Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 417

File number: ACD 39 of 2016

Judge: COLLIER J

Date of judgment: 13 October 2016

Catchwords: PRACTICE AND PROCEDURE – interlocutory application by appellant for issue of subpoenas in appeal proceedings – appellant sought production of new documents and appearance of witnesses at appeal hearing – no explanation why evidence not in affidavit form – no explanation why appropriate for witnesses to attend the appeal – no explanation why fresh evidence required – interlocutory application for subpoenas refused PRACTICE AND PROCEDURE – interlocutory application by appellant for fresh evidence in appeal under r 36.57 Federal Court Rules 2011 (Cth) – sole ground of appeal not particularised – evidence available prior to Tribunal hearing – Federal Court cannot undertake merits review of decision of Tribunal under Administrative Appeals Tribunal Act 1975 (Cth) – potential relevance and weight of evidence sought to be adduced required to be considered – interlocutory application for fresh evidence refused COSTS – interlocutory application for security of costs – s 56 Federal Court of Australia Act 1976 (Cth) and r 36.09 Federal Court Rules 2011 (Cth) – relevant principles where security for costs sought in appeal – prospects of success of appeal – appellant of limited financial means – outstanding costs debts in related litigation – other options available to obtain outcome sought in Tribunal – no issues of substantive law, public importance or penal consequence – amount of security sought reasonable – interlocutory application for security of costs allowed – appeal to be stayed if security of costs not paid into Court – order for dismissal of appeal in the event of non-payment of security refused