Babar v Minister for Immigration

The Federal Circuit Court of Australia considered an application for judicial review concerning a decision of the former Migration Review Tribunal (MRT) in relation to a Temporary Business (Class UC) visa Subclass 457. The applicant sought to challenge the MRT's decision, and the proceedings also involved allegations concerning the conduct of the applicant's legal representative.

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.