Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BUK16 v Minister for Immigration and Border Protection [2020] FCA 558 Appeal from: BUK16 & Anor v Minister for Immigration & Anor [2018] FCCA 3279
File number: NSD 2279 of 2018
Judge: CHARLESWORTH J
Date of judgment: 28 April 2020
Catchwords: MIGRATION – appeal from costs order made in migration litigation in the Federal Circuit Court of Australia – whether primary judge made a finding that the litigation had no reasonable prospects of success – whether the primary judge was required to consider whether to make an order under s 486F of the Migration Act 1958 (Cth) against the appellant's former lawyer – whether former lawyer contravened s 486E – former lawyer encouraging the commencement of the litigation, including by advising the appellants their application had a 100 per cent chance of success – grounds in proceeding below contrary to well established body of authority – whether orders under s 486F may be made in the exercise of appellate jurisdiction in connection with proceedings in Federal Circuit Court of Australia – matters relevant to the exercise of the discretion conferred by s 486F
Legislation: Migration Act 1958 (Cth) ss 36, 65, 91X, 422B, 424A, 425, 486E, 486F, 486I, Pts 7, 8B Federal Court of Australia Act 1976 (Cth) ss 28, 37AG Federal Court Rules 2011 (Cth) r 4.12 Migration Regulations 1994 (Cth)
Cases cited: AKD16 v Minister for Immigration and Border Protection [2016] FCCA 3026; 315 FLR 228 BRF038 v Republic of Nauru [2017] HCA 44; 349 ALR 67 BUK16 & Anor v Minister for Immigration & Anor [2018] FCCA 3279 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZMKG v Minister for Immigration and Citizenship (2009) 177 FCR 555 SZTMH v Minister for Immigration and Border Protection (2015) 230 FCR 550 VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 80
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