Jacob v Secretary Department of Social Services [2022] FCA 423

Federal Court of Australia

Jacob v Secretary Department of Social Services [2022] FCA 423 File number: WAD 19 of 2022

Judgment of: FEUTRILL J

Date of judgment: 21 April 2022

Catchwords: PRACTICE AND PROCEDURE – applicant's request for a Court referral for pro bono legal assistance under r 4.12 of the Federal Court Rules 2011 (Cth) – Court's discretion to refer a matter for pro bono legal assistance –request refused – nature of proceedings do not warrant a referral – not in the administration of justice to make a referral

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42A(5), 42A(9), 44(1) Federal Court Rules 2011 (Cth) rr 4.12, 4.12(1), 4.12(2), 4.12(4), 4.13, Div 4.2

Cases cited: Fuller v Toms (2012) 247 FCR 440 Hui v Commonwealth [2001] FCA 69 Rivera v Minister for Home Affairs [2008] FCA 1 Taylor v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 319

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 21

Date of hearing: 30 March 2022

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr T Galvin

Solicitor for the Respondent: Minter Ellison

REASONS FOR JUDGMENT WAD 19 of 2022

BETWEEN: ARYEH JACOB Applicant

AND: SECRETARY DEPARTMENT OF SOCIAL SERVICES Respondent

FEUTRILL J:

SUMMARY 1 This judgment is concerned with whether the Court should issue a referral certificate under r 4.12 of the Federal Court Rules 2011 (Cth). 2 For the reasons set out below, I have decided not to issue such a referral certificate at this time.