CHK16 v Minister for Immigration and Border Protection

The applicant, CHK16, sought judicial review of a decision made by the Minister for Immigration and Border Protection. The dispute concerned allegations of dishonest conduct by a solicitor acting on behalf of the applicant. The matter came before Riethmuller J of the Federal Court of Australia.

The central legal issue before the court was whether, in light of demonstrated dishonest conduct by a solicitor representing an applicant, it was appropriate for the court to refer the matter to the relevant regulatory authorities for investigation. A secondary issue concerned the appropriate order for costs.

Riethmuller J reasoned that where a solicitor engages in dishonest conduct, similar to that of a migration agent, it is appropriate for the court to refer the papers to the relevant regulatory authorities for their consideration and investigation once those facts are demonstrated. The court was persuaded that in the exceptional circumstances of this case, the Minister should be awarded costs against the applicant, Ms RAJASEKARAM.

Accordingly, the court ordered that the papers be referred to the relevant regulatory authorities and that the Minister's costs, to the extent sought, be paid by Ms RAJASEKARAM.