FET18 v Minister for Home Affairs [2019] FCA 1302

FET18 v Minister for Home Affairs [2019] FCA 1302

The application for an adjournment was refused as the factual issue concerning the timing of the appellant's involvement with the vigilante group did not go to the jurisdiction of the Authority nor affect the ultimate outcome; there was no real purpose in granting an adjournment to obtain the recording.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Appeal / Interlocutory Application (adjournment) in Appeal From Federal Circuit Court to Federal Court
Outcome
Application for adjournment refused; procedural timetable for submissions set.
Legal Topics
['adjournment Application' 'jurisdictional Error' 'safe Haven Enterprise Visa' 'amendment of Grounds of Review']
['administrative Law' 'immigration Law'] ['adjournment Application' 'jurisdictional Error' 'safe Haven Enterprise Visa' 'amendment of Grounds of Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Application (adjournment) in Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 ['Whether the appellant should be granted an adjournment to obtain a recording of interview' "Whether the asserted factual error affected jurisdiction or authority's ultimate decision" 'Whether new legal arguments justify adjournment']

Ratio Decidendi

The application for an adjournment was refused as the factual issue concerning the timing of the appellant's involvement with the vigilante group did not go to the jurisdiction of the Authority nor affect the ultimate outcome; there was no real purpose in granting an adjournment to obtain the recording.

Court Disposition

Application for adjournment refused; procedural timetable for submissions set.

Orders

  • ["The appellant's application for an adjournment be refused." 'The first respondent do file and serve its written submissions in opposition to the two substantive grounds raised in the course of oral argument on or before 29 August 2019.' 'The appellant do file and serve submissions in reply on or before 12...