The applicant, who was out-of-status, attended the border to regularize her status but was issued an Exclusion Order.
She applied for judicial review, arguing her immigration consultant's incompetence breached procedural fairness.
The Federal Court found the consultant profoundly negligent for failing to prepare or file a temporary resident visa application and for taking the applicant to the border without supporting documentation.
The Court held this incompetence caused a miscarriage of justice, allowed the application, and set aside the Exclusion Order.
