Section 486E — Migration Act 1958 (Cth)

(1) A person must not encourage another person (the litigant) to commence or continue migration litigation in a court if:

(a) the migration litigation has no reasonable prospect of success; and

(b) either:

(i) the person does not give proper consideration to the prospects of success of the migration litigation; or

(ii) a purpose in commencing or continuing the migration litigation is unrelated to the objectives which the court process is designed to achieve.

(2) For the purposes of this section, migration litigation need not be:

(a) hopeless; or

(b) bound to fail;

for it to have no reasonable prospect of success.

(3) This section applies despite any obligation that the person may have to act in accordance with the instructions or wishes of the litigant.

Related sections

• s 486B — Multiple parties in migration litigation
• s 486C — Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court
• s 486D — Disclosing other judicial review proceedings
• s 486F — Cost orders
• s 486G — Person must be given reasonable opportunity to argue against costs order
• s 486H — Limited waiver of legal professional privilege

Research how courts apply s 486E

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