Federal Court of Australia
Federal Court of Australia
DHH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 891 Appeal from: DHH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3340
File number: NSD 1393 of 2020
Judgment of: PERRAM J
Date of judgment: 4 August 2021
Catchwords: MIGRATION – application for leave to appeal from Federal Circuit Court dismissal of application to reinstate case – where application below falsely prepared in name of Applicant's solicitor – where application dismissed as abuse of process – where Applicant's representatives sought to adopt application as their own
Legislation: Migration Act 1958 (Cth) ss 46A, 65, 198
Cases cited: Danish Mercantile Co Ltd v Beaumont [1951] Ch 680 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Multitecfbm (Asia Pacific) Pty Ltd v Seong Myeon (Chris) Han [2008] NSWSC 13339 Ox Operations Pty Ltd v Land Mark Property Developments (Vic) Pty Ltd (in liq) [2007] FCA 1221 Dal Pont G E, Law of Agency (4th ed, LexisNexis Butterworths, 2020) Watts P, Bowstead & Reynolds on Agency (22nd ed, Sweet & Maxwell, 2021)
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 43
Date of hearing: 14 July 2021
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
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