Maan v Minister for Immigration and Border Protection [2017] FCA 906

FEDERAL COURT OF AUSTRALIA

Maan v Minister for Immigration and Border Protection [2017] FCA 906 Appeal from: Application for extension of time and leave to appeal: Maan v Minister for Immigration & Anor [2016] FCCA 790

File number: VID 267 of 2016

Judge: CHARLESWORTH J

Date of judgment: 9 August 2017

Catchwords: PRACTICE AND PROCEDURE — guidance given to self-represented litigant by primary judge about limits of the original jurisdiction of the Federal Circuit Court – erroneous guidance concerning amenability of Tribunal's adverse credibility findings to judicial review — guidance having effect of depriving self-represented litigant of opportunity to establish an arguable case that the Tribunals' credibility findings were affected by reviewable error — applicant denied procedural fairness PRACTICE AND PROCEDURE — application for summary dismissal of judicial review application in Federal Circuit Court – where exercise of summary dismissal power affected be appealable error – whether appellate Court should determine appeal by reference to substantive merits of judicial review application – summary dismissal application remitted to Federal Circuit Court for determination

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth), ss 24(1A), 31A Migration Act 1958 (Cth), ss 116, 474, 476 Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court Rules 2011 (Cth), rr 26.0, 35.13, 35.14 Migration Regulations 1994 (Cth), cll 573, 573.211, 573.223, 573.231, 573.611, r 1.40A, Sch 8