Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BMA18 [2024] FCA 1230 Appeal from: BMA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 37
File number(s): NSD 1047 of 2021
Judgment of: BURLEY J
Date of judgment: 23 October 2024
Catchwords: MIGRATION – appeal from judgment of the Federal Circuit and Family Court of Australia – whether the Migration Act 1958 (Cth) requires litigation guardians for minors in judicial review – whether family members can represent themselves and other members of their family - appeal allowed. PRACTICE AND PROCEDURE – appeal to finding that respondents were not bound by outcome of previous appeals by reason of the fact that no litigation representative was appointed, absent a conflict of interest – whether re-litigation of issues was abuse of process – whether Anshun estoppel prevented proceedings – appeal allowed.
Legislation: Constitution (Cth) s 75(v) Migration Act 1958 (Cth) ss 473DC, 476(1), 477, 478(aa), 497(aa), 486B(1), 486B(4), 486B(4)(c), 486B(7), Part 7AA Federal Circuit Court Rules 2001 (Cth) r 11.08 Federal Court Rules 2011 (Cth) r 26.01(1)(d) Migration Regulations 1994 (Cth) div 5.8, regs 5.43, 5.44
Cases cited: BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 1; 296 FCR 115 BLU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 1767 BLU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 706 BMA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 37 BTM15 v Minister for Immigration and Border Protection [2016] FCA 888 Dey v Victorian Railways Commissioners [1949] HCA 1; 78 CLR 62 Garrett v Make Wine Pty Ltd [2014] FCA 1258; 323 ALR 652 Haines v Leves (1987) 8 NSWLR 442 Kanakaridis v Westpac Banking Corporation [2015] FCA 1146 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 SBAH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 426; 126 FCR 552 Sea Culture International Pty Ltd v Scoles [1991] FCA 677; 32 FCR 275
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