Unwilling to participate: should FCA order production of documents?

By
Sergio Zanotti Stagliorio
-

Federal Court: "In light of the appellant’s self-represented status on his appeal, it remains to consider whether the Court should exercise its discretion to order the Minister to produce the country information so as to enable the merits of the appellant’s argument to be determined by reference to it ... Despite the urgings of the Court [the Appellant] has expressed an unwillingness to participate in the hearing of the appeal in a meaningful way". Should the FCA exercise its discretion in favour of the Appellant?

The Federal Court (FCA) answered the above question as follows:

The remainder of this article is only available to Case Law and Platinum subscribers.

Read our Terms & Conditions and upgrade below:

Monthly Subscriptions

Premium
Basic Content
Premium Content
-
-
$ 29 /month
Subscribe
Case Law
Basic Content
-
Case Law Content
-
$ 49 / month
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 9 / month
$ 69 / month
Subscribe

Annual Subscriptions

Premium
Basic Content
Premium Content
-
Save $ 49 / year
$ 299 / year
Subscribe
Case Law
Basic Content
-
Case Law Content
Save $ 89 / year
$ 499 / year
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 237 / year
$ 699 / year
Subscribe

 

Where GST applies, the above amounts are inclusive of GST.

Content Types

Basic Content includes basic news, some media articles and selected announcements.

Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.

Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.

Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.

If you already have a Case Law or Platinum subscription, click on 'Login' below.

Previous articleLack of recusal request waives apprehended bias claim?
Next articleDoes materiality have to be “formally placed in issue” before that onus arises?