FEDERAL CIRCUIT COURT OF AUSTRALIA
| BABAR & ORS v MINISTER FOR IMMIGRATION & ANOR | [2016] FCCA 1521 |
| Catchwords: LAWYERS – Conduct of applicant’s lawyer – failure to appear – subsequent failure to appear – whether on register of practitioners – failure to comply with Court orders – whether referral to New South Wales Legal Services Commission appropriate. MIGRATION – Restrictions on person not a registered migration agent giving immigration assistance – whether referral to regulatory authority appropriate. COURTS AND JURISDICTION – Whether Court has associated and ancillary jurisdiction to deal with alleged misleading and deceptive conduct, breach of contract and negligence by a person not acting as a migration agent. |
| Legislation: Australian Consumer Law, s.18 Competition and Consumer Act 2010 (Cth), Sch.2, s.18 Criminal Code Act 1995 (Cth) Federal Circuit Court of Australia Act 1999 (Cth), ss.10, 14, 18, 53 Federal Circuit Court Rules 2001 (Cth), r.6.01 Judiciary Act 1903 (Cth), s.55B(3), 55C Migration Act 1958 (Cth), Part 5, ss.65, 140GB, 280, 337, 338(2)(d), 476 Migration Regulations 1994 (Cth), reg.4.02, Sch.2, cl.457.233 |
| First Applicant: | ZAHEER-UD-DIN BABAR |
| Second Applicant: | SYEDA SOBIA SHAH |
| Third Applicant: |
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- Case
- [2016] FCCA 1521
- Decision Date
CaseChat Overview and Summary
The Court was required to determine whether the MRT's decision involved a jurisdictional error. Additionally, the Court considered issues relating to the conduct of the applicant's lawyer, including their failure to appear at court hearings, whether they were on the register of practitioners, and their compliance with court orders. The Court also examined whether a referral to the New South Wales Legal Services Commission was appropriate, and whether the Court possessed associated and ancillary jurisdiction to address claims of misleading and deceptive conduct, breach of contract, and negligence against a person not acting as a registered migration agent.
In its reasoning, the Court addressed the alleged jurisdictional error by the MRT. It also considered the conduct of the legal representative, noting their non-compliance with court orders and their status as a registered practitioner. The Court determined that a referral to the New South Wales Legal Services Commission was warranted due to the conduct of the legal representative. Furthermore, the Court found that it did not have the necessary jurisdiction to entertain the claims of misleading and deceptive conduct, breach of contract, and negligence against the individual acting outside the scope of a registered migration agent.
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