Daw v Minister for Immigration & Citizenship [2012] FCA 705

Daw v Minister for Immigration & Citizenship [2012] FCA 705

The Tribunal's refusal to grant the requested adjournment was not unreasonable and did not prevent the applicant from having a reasonable opportunity to present his case. The adjournment request was made very late without explanation, gave no persuasive reason why the applicant could not proceed on the listed date, the Tribunal was operating under strict statutory time limits including the 84-day period and two-business-day rules, and the applicant was able to provide written material, appear orally with an interpreter, and advance his case. Procedural fairness did not require the Tribunal to reschedule the hearing to accommodate the solicitor's wish for more preparation time.

Jurisdiction
Australia
Judgment Date
05 July 2012
Procedural Posture
Appeal From the Administrative Appeals Tribunal Affirming Cancellation of a Class Xb, Subclass 202 (global Special Humanitarian) Visa Under S 501(2) of the Migration Act 1958 (cth) / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Cancellation' 'character Test' 'procedural Fairness' 'natural Justice' 'adjournment Application' 'administrative Appeals Tribunal Review']
['migration' 'administrative Law'] ['visa Cancellation' 'character Test' 'procedural Fairness' 'natural Justice' 'adjournment Application' 'administrative Appeals Tribunal Review']

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Procedural Posture

Appeal From the Administrative Appeals Tribunal Affirming Cancellation of a Class Xb, Subclass 202 (global Special Humanitarian) Visa Under S 501(2) of the Migration Act 1958 (cth) / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal denied the applicant procedural fairness by refusing to adjourn the hearing to allow his solicitor more time to prepare.' 'Whether the refusal to grant an adjournment prevented the applicant from having a reasonable opportunity to present his case.' 'Whether the Tribunal failed to comply with s 39 of the Administrative Appeals Tribunal Act 1975 (Cth).']

Ratio Decidendi

The Tribunal's refusal to grant the requested adjournment was not unreasonable and did not prevent the applicant from having a reasonable opportunity to present his case. The adjournment request was made very late without explanation, gave no persuasive reason why the applicant could not proceed on the listed date, the Tribunal was operating under strict statutory time limits including the 84-day period and two-business-day rules, and the applicant was able to provide written material, appear orally with an interpreter, and advance his case. Procedural fairness did not require the Tribunal to reschedule the hearing to accommodate the solicitor's wish for more preparation time.

Court Disposition

Appeal dismissed with costs.

Orders

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