Aktar v Minister for Immigration and Border Protection [2019] FCA 1288

Aktar v Minister for Immigration and Border Protection [2019] FCA 1288

The Tribunal’s refusal to grant a second adjournment for the first appellant to undertake a further IELTS test was not legally unreasonable given the repeated previous opportunities and absence of evidence suggesting a different outcome; findings concerning non-disclosure of the s 375A notice were immaterial to the Tribunal’s decision.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['migration' 'visa Refusal' 'judicial Review' 'legal Unreasonableness' 'adjournment Requests']
['administrative and Constitutional Law' 'human Rights'] ['migration' 'visa Refusal' 'judicial Review' 'legal Unreasonableness' 'adjournment Requests']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal acted unreasonably in refusing a further adjournment for the applicant to undertake another IELTS test' 'Whether non-disclosure of a s 375A notice constituted jurisdictional error']

Ratio Decidendi

The Tribunal’s refusal to grant a second adjournment for the first appellant to undertake a further IELTS test was not legally unreasonable given the repeated previous opportunities and absence of evidence suggesting a different outcome; findings concerning non-disclosure of the s 375A notice were immaterial to the Tribunal’s decision.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The first appellant pay the first respondent's costs of the appeal."]