BTP16 v Minister for Immigration and Border Protection [2018] FCA 180

BTP16 v Minister for Immigration and Border Protection [2018] FCA 180

Although the medical evidence had deficiencies, the GP's opinion that the appellant was psychologically unfit to present in court, Mrs Walker's inability to argue the substantive appeal due to lack of familiarity, and the interests of the due administration of justice justified granting a short adjournment of no more than two months and permitting Mrs Walker to act as McKenzie friend.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Migration Appeal From a Judgment of the Federal Circuit Court of Australia / Application for Adjournment of Appeal Hearing and Leave to Use a Mc Kenzie Friend
Outcome
Adjournment granted; leave granted for the appellant to use a McKenzie friend; costs reserved.
Legal Topics
['adjournment' 'mc Kenzie Friend' 'overarching Purpose of Civil Practice and Procedure' 'medical Evidence' 'pro Bono Legal Assistance']
['migration' 'practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['adjournment' 'mc Kenzie Friend' 'overarching Purpose of Civil Practice and Procedure' 'medical Evidence' 'pro Bono Legal Assistance']

Case Brief

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Procedural Posture

Migration Appeal From a Judgment of the Federal Circuit Court of Australia / Application for Adjournment of Appeal Hearing and Leave to Use a Mc Kenzie Friend

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to have Mrs Lesley Walker act as a McKenzie friend.' "Whether the appeal hearing should be adjourned because of the appellant's psychological condition and to allow time to seek pro bono legal assistance."]

Ratio Decidendi

Although the medical evidence had deficiencies, the GP's opinion that the appellant was psychologically unfit to present in court, Mrs Walker's inability to argue the substantive appeal due to lack of familiarity, and the interests of the due administration of justice justified granting a short adjournment of no more than two months and permitting Mrs Walker to act as McKenzie friend.

Court Disposition

Adjournment granted; leave granted for the appellant to use a McKenzie friend; costs reserved.

Orders

  • ['The hearing of the matter listed on 28 February 2018 at 10:15am in Adelaide is vacated.' 'The matter be listed for hearing for half a day on 27 April 2018 commencing at 10:15am (AEST) by videolink from Adelaide to Sydney.' 'By no later than 6 April 2018, the appellant file and serve any proposed amended notice of...