Do applicants for judicial review have a right to publicly funded representation?
The Full Court addressed this very important question in a decision that was handed down last Friday, 20 May: AMF15 v Minister for Immigration and Border Protection (2016) FCAFC 68.
Imagine, for a moment, that you are in the position of a person whose application for a protection visa has been refused by the Department, the visa application has been refused by the Department and the refusal has been affirmed by the Department. You don’t have money, don’t speak English well or at all, don’t understand the Australian legal system or concepts of judicial review. You just think that the Department and the Tribunal have misunderstood your case and have erroneously refused your visa. Whether the Department or the Tribunal have found your claims to be credible or not, you have a genuinely held subjective fear of persecution: You are truly frightened that if you are forced to return to your home country, you will be killed or tortured.