Lawyers Could Face Costs
The Age
Monday March 28, 2005
PROPOSED laws before Parliament that limit immigration court appeals and expose lawyers to financial penalties for pursuing cases that cannot be won have been denounced as dangerous by a refugee lawyer.
The Government aims to tackle the high number of "unmeritorious" cases clogging the courts. Under the proposed laws, immigration advocates would have to certify whether or not each case had merit. If they lost the case, the court could award costs against the lawyer. Attorney-General Philip Ruddock said many cases were brought merely to gain time for people who would otherwise be required to leave Australia.But Refugee and Immigration Legal Centre co-ordinator David Manne said the plans were a "dangerous incursion on the ability of people to access legal representation against Government excess and wrongdoing".Opposition immigration spokesman Laurie Ferguson said the Government's definition of unmeritorious cases needed to be refined. The legislation will be referred to a Senate committee.
© 2005 The Age