Waheed v Minister for Immigration and Multicultural Affairs [2025] FCA 48

Waheed v Minister for Immigration and Multicultural Affairs [2025] FCA 48

Adjournment refused due to lack of credible evidence and inconsistencies regarding applicant's presence in Australia; substantive application dismissed for failure of the applicant to attend the hearing.

Parties
Applicant: Abdullah Waheed; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
05 February 2025
Procedural Posture
Application for Extension of Time for Leave to Appeal and Leave to Appeal / Hearing and Determination on Adjournment and Dismissal
Outcome
application dismissed with costs
Legal Topics
Adjournment, Extension of Time, Leave to Appeal, Dismissal for Non Appearance
Administrative Law Adjournment Extension of Time Leave to Appeal Dismissal for Non Appearance

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Parties

Abdullah Waheed

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal and Leave to Appeal / Hearing and Determination on Adjournment and Dismissal

Legal Issues

  1. 1 Whether an adjournment ought be granted where authenticity of evidence challenged
  2. 2 Whether substantive application should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Adjournment refused due to lack of credible evidence and inconsistencies regarding applicant's presence in Australia; substantive application dismissed for failure of the applicant to attend the hearing.

Court Disposition

application dismissed with costs

Orders

  • The name of the first respondent be amended to "Minister for Immigration and Multicultural Affairs".
  • The application filed on 11 April 2024 be dismissed.