BMU15 v Minister for Immigration and Border Protection [2016] FCA 512

BMU15 v Minister for Immigration and Border Protection [2016] FCA 512

The adjournment was granted because, despite the late request and the opportunity cost to the Court's migration appeal list, the Minister joined in the proposed orders, the appellant had recently obtained legal assistance in difficult language and representation circumstances, counsel needed time to reassess the merits and possible amendment of the appeal, and the consequences of return could be serious if the protection claim had substance.

Jurisdiction
Australia
Judgment Date
09 May 2016
Procedural Posture
Migration Appeal Concerning a Protection Visa Application / Application for Adjournment of Appeal
Outcome
Application for adjournment granted.
Legal Topics
['protection Visa' 'adjournment of Appeal' 'case Management' 'costs']
['migration' 'practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['protection Visa' 'adjournment of Appeal' 'case Management' 'costs']

Case Brief

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Procedural Posture

Migration Appeal Concerning a Protection Visa Application / Application for Adjournment of Appeal

Legal Issues

  1. 1 ['Whether the hearing of the appeal should be adjourned.' 'What considerations are relevant to the exercise of discretion to grant an adjournment of an appeal.']

Ratio Decidendi

The adjournment was granted because, despite the late request and the opportunity cost to the Court's migration appeal list, the Minister joined in the proposed orders, the appellant had recently obtained legal assistance in difficult language and representation circumstances, counsel needed time to reassess the merits and possible amendment of the appeal, and the consequences of return could be serious if the protection claim had substance.

Court Disposition

Application for adjournment granted.

Orders

  • ['The hearing of this matter set down for Thursday 12 May 2016 be vacated.' "The appellant pay the costs of the preparation of the respondents' filed written submissions." 'The appellant serve upon the respondents his amended Notice of Appeal by Wednesday 25 May 2016.' 'The case be listed for directions on Wednesday...