AQX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1075

AQX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1075

The adjournment was refused because the appellant had ample time to obtain legal representation, gave no adequate explanation for not doing so, produced no evidence of attempts to obtain representation or of financial incapacity, and made the application only at the hearing when the Court and respondent were ready to proceed. The appeal grounds were new and required leave; leave was refused because both proposed grounds were devoid of merit. The materials did not show that the alleged unconsidered claims were made to the Authority, the Authority had considered the torture-related matters that were before it, and the impugned returnee findings were either supported by evidence or not shown...

Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Immigration Assessment Authority Decision Refusing a Protection Visa / Appeal to the Federal Court of Australia; Application for Adjournment to Obtain Legal Representation
Outcome
Application for adjournment refused; appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'immigration Assessment Authority Review' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'adjournment to Obtain Legal Representation' 'relevance of Subsequent Events in Judicial Review']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa Refusal' 'immigration Assessment Authority Review' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'adjournment to Obtain Legal Representation' 'relevance of Subsequent Events in Judicial Review']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Immigration Assessment Authority Decision Refusing a Protection Visa / Appeal to the Federal Court of Australia; Application for Adjournment to Obtain Legal Representation

Legal Issues

  1. 1 ['Whether the appellant should be granted an adjournment to obtain legal representation.' 'Whether the appellant required leave to rely on grounds of appeal not raised before the primary judge.' 'Whether the proposed grounds alleging failure to consider integers of protection claims had sufficient merit to justify leave.' 'Whether the proposed ground alleging findings unsupported by evidence and legal unreasonableness had sufficient merit to justify leave.' "Whether matters occurring in Sri Lanka after the Authority's decision were relevant to judicial review of that decision."]

Ratio Decidendi

The adjournment was refused because the appellant had ample time to obtain legal representation, gave no adequate explanation for not doing so, produced no evidence of attempts to obtain representation or of financial incapacity, and made the application only at the hearing when the Court and respondent were ready to proceed. The appeal grounds were new and required leave; leave was refused because both proposed grounds were devoid of merit. The materials did not show that the alleged unconsidered claims were made to the Authority, the Authority had considered the torture-related matters that were before it, and the impugned returnee findings were either supported by evidence or not shown...

Court Disposition

Application for adjournment refused; appeal dismissed with costs.

Orders

  • ['The application for an adjournment be refused.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]