Uddin v Minister for Immigration & Multicultural Affairs [2000] FCA 1313

Uddin v Minister for Immigration & Multicultural Affairs [2000] FCA 1313

Absent production of further evidence demonstrating that the applicant did not travel to Athens and that the Tribunal based its decision on a non-existent relevant fact, the application under section 476(1)(g) must fail; the applicant has not established grounds for adjournment or review under the Migration Act 1958 (Cth).

Parties
Applicant: Nizam Uddin; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
04 September 2000
Procedural Posture
Application for Order of Review / Judgment on Application for Adjournment and Merits
Outcome
application dismissed with costs; stay of orders granted
Legal Topics
Protection Visa, Judicial Review, Adjournment Applications, Tribunal Decision, New Evidence
Administrative Law Migration Law Protection Visa Judicial Review Adjournment Applications Tribunal Decision New Evidence

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nizam Uddin

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Order of Review / Judgment on Application for Adjournment and Merits

Legal Issues

  1. 1 Whether the applicant should be granted an adjournment to obtain further evidence
  2. 2 Whether the Tribunal's decision was affected by error warranting review under section 476 of the Migration Act 1958 (Cth)

Ratio Decidendi

Absent production of further evidence demonstrating that the applicant did not travel to Athens and that the Tribunal based its decision on a non-existent relevant fact, the application under section 476(1)(g) must fail; the applicant has not established grounds for adjournment or review under the Migration Act 1958 (Cth).

Court Disposition

application dismissed with costs; stay of orders granted

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs.