Special Counsel

Michelle Stone

Michelle specialises in Administrative law and judicial review litigation. Michelle has over ten years’ experience acting for the Department of Home Affairs, primarily in litigation matters, and has a strong understanding of the legal issues and policy concerns facing the Department.

Michelle provides specialised, highly technical and practical advice to her clients. She has a particular expertise in the conduct of litigation in the Federal jurisdiction, often performing advocacy at final hearings before the Federal Circuit Court and Federal Court.

Expertise

Michelle’s expertise includes:

  • Administrative law and judicial review.
  • Migration and refugee law.
  • Litigation and advocacy in the Federal jurisdiction, including the preparation of evidence and of witnesses for trial.
  • Litigation and advocacy in the Administrative Appeals Tribunal, including the cross-examination of witnesses.
  • Preparation of evidence, including claims of public interest immunity.

Recent projects

  • Acting in SZSPI v Minister for Immigration and Border Protection [2014] FCAFC 140. The Minister successfully defended a matter where the Appellant had been involuntarily removed from Australia when he had Court proceedings on foot. This involved detailed affidavit evidence as to the processes involved in the removal, and resulted in a judgment which set out the Court’s expectations in such cases.
  • Acting in SZOAU v Minister for Immigration & Citizenship (2012) 199 FCR 448, [2012] FCAFC 33; SZQYM & SZQYN v Minister for Immigration and Citizenship [2012] FMCA 1116; SZQYM v Minister for Immigration and Citizenship [2014] FCA 427. The threshold issue in these matters was whether the visa applicants were dual nationals and required the preparation of expert evidence as to the meaning and effect of South Koran citizenship law.
  • Acting in MZAIC v Minister for Immigration and Border Protection [2016] FCAFC 25, which raised issues with respect to statutory interpretation and substantial compliance.
  • Acting in Kaur & Ors v Minister for Immigration & Anor [2018] FCCA 166 and Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53 which raised issues with respect to migration agent fraud and its effect on the validity of a visa application.

location

Melbourne

Partner

Tony Butler