Conduah, Augustus v Russell, Stuart Constituting The Refugee Review Tribunal & Anor [1998] FCA 546
Relief was refused because the Tribunal's letter assured leave to introduce further material after the hearing, and the interlocutory refusal of an adjournment was not final, allowing the applicant to seek further remedies before, during, or after the hearing.
- Jurisdiction
- Australia
- Judgment Date
- 15 May 1998
- Procedural Posture
- Application for Interlocutory Injunction / Interlocutory Application; Determination of Injunction Prior to Substantive Hearing
- Outcome
- Application for interlocutory injunction refused
- Legal Topics
- ['interlocutory Injunction' 'adjournment Refusal' 'fair Hearing' 'refugee Status Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application; Determination of Injunction Prior to Substantive Hearing
Legal Issues
- 1 ['Whether the court should grant an interlocutory injunction to restrain the Tribunal from proceeding with the hearing due to alleged unfairness' 'Whether the refusal of an adjournment by the Tribunal was lawful given the late disclosure of adverse material']
Ratio Decidendi
Relief was refused because the Tribunal's letter assured leave to introduce further material after the hearing, and the interlocutory refusal of an adjournment was not final, allowing the applicant to seek further remedies before, during, or after the hearing.
Court Disposition
Application for interlocutory injunction refused
Orders
- ['Application for interlocutory injunction dismissed']
Full Case Text
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