Waensila v Minister for Immigration and Border Protection [2015] FCA 1259

Waensila v Minister for Immigration and Border Protection [2015] FCA 1259

In the interests of the due administration of justice and having weighed the factors for and against, the adjournment should be granted so that the appellant may be legally represented, provided that he pays the first respondent's costs thrown away by the adjournment.

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Appeal / Interlocutory Application for Adjournment in Appeal From Federal Circuit Court
Outcome
Adjournment granted, with costs of the first respondent thrown away by the adjournment to be paid by the appellant and directions made for further conduct of the matter.
Legal Topics
['adjournment' 'legal Representation' 'waiver of Migration Criteria' 'partner Visa Applications']
['practice and Procedure' 'migration Law'] ['adjournment' 'legal Representation' 'waiver of Migration Criteria' 'partner Visa Applications']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Adjournment in Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether an adjournment should be granted where legal representation is unavailable on the hearing date' 'Whether waiver of migration criteria can only be determined by reference to circumstances at the date of visa application']

Ratio Decidendi

In the interests of the due administration of justice and having weighed the factors for and against, the adjournment should be granted so that the appellant may be legally represented, provided that he pays the first respondent's costs thrown away by the adjournment.

Court Disposition

Adjournment granted, with costs of the first respondent thrown away by the adjournment to be paid by the appellant and directions made for further conduct of the matter.

Orders

  • ['The hearing of the notice of appeal is adjourned to a date in February 2016.' 'The appellant is to pay the costs of the first respondent thrown away by the adjournment, as agreed or assessed.' 'The appellant is to file and serve a written outline of submissions not to exceed 10 pages at least 10 business days...