BUG15 v Minister for Immigration and Border Protection [2018] FCA 634

FEDERAL COURT OF AUSTRALIA

BUG15 v Minister for Immigration and Border Protection [2018] FCA 634 Appeal from: BUG15 v Minister for Immigration & Anor [2017] FCCA 3059

File number(s): NSD 2293 of 2017

Judge(s): ALLSOP CJ

Date of judgment: 11 May 2018

Catchwords: MIGRATION – litigation representative – whether advised as to personal liability for costs

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Date of hearing: 11 May 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 20

Solicitor for the Appellant: The Appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Mr A Keevers of Sparke Helmore Lawyers

ORDERS NSD 2293 of 2017

BETWEEN: BUG15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 11 MAY 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. Order 1 not be entered without leave of the Court. 3. Pursuant to r 9.63 of the Federal Court Rules 2011 (Cth), the appellant's mother be appointed litigation representative of the appellant. 4. Any other formalities under r 9.64 or otherwise under the Federal Court Rules 2011 (Cth) be dispensed with. 5. On or before 18 May, the first respondent file and serve: (a) any affidavit thought appropriate as to the circumstances of the appointment of the mother of the appellant as litigation guardian in the Court below; and (b) any submission of no more than 2 pages as to why this Court should not partially allow the appeal by setting aside the costs order of the Court below if there is no basis to believe that the mother of the appellant received advice as to her personal liability for costs should her son's application fail. 6. The matter be stood over to a date to be fixed for judgment or hearing on the question in order 5(b) above. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.