Te, Ex Parte - Re MIMA and Anor M25/2001

This matter concerned an application by Te for an order under s 475(1) of the Migration Act 1958 (Cth) for the Minister for Immigration and Multicultural Affairs and another to provide certain documents. The applicant sought these documents in connection with a proposed appeal to the Full Federal Court against a decision of a single judge of the Federal Court.

The central legal issue before Hayne J was whether the applicant had established a sufficient basis to justify the grant of an order for the production of documents under s 475(1) of the Migration Act. This provision allows a court to order the Minister to provide documents relevant to a potential appeal to the Full Federal Court, but it requires the applicant to demonstrate that the documents are likely to be relevant to the grounds of appeal.

Hayne J considered the applicant's stated grounds of appeal and the nature of the documents sought. His Honour found that the applicant had not demonstrated a sufficient likelihood that the requested documents would be relevant to the grounds of appeal that had been articulated. Consequently, the threshold requirement for the exercise of the court's power under s 475(1) had not been met. The application was therefore dismissed.