Demillo v Minister for Immigration and Citizenship [2013] FCA 629
There was no denial of procedural fairness or natural justice in the Tribunal's refusal to adjourn the hearing or permit further evidence, as the applicant was given sufficient notice, opportunity, and time to respond, and statutory requirements for the provision of evidence were not met.
- Jurisdiction
- Australia
- Judgment Date
- 27 June 2013
- Procedural Posture
- Judicial Review / Appeal From Decision of Administrative Appeals Tribunal
- Outcome
- Application dismissed
- Legal Topics
- ['visa Cancellation' 'character Test' 'jurisdictional Error' 'procedural Fairness' 'natural Justice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Appeal From Decision of Administrative Appeals Tribunal
Legal Issues
- 1 ["Whether the Administrative Appeals Tribunal's refusal to adjourn the hearing amounted to a denial of procedural fairness" "Whether the Tribunal's exclusion of evidence, including oral evidence from applicant's daughter, amounted to jurisdictional error" 'Whether the Tribunal failed to provide the applicant with sufficient time to respond to documentary evidence']
Ratio Decidendi
There was no denial of procedural fairness or natural justice in the Tribunal's refusal to adjourn the hearing or permit further evidence, as the applicant was given sufficient notice, opportunity, and time to respond, and statutory requirements for the provision of evidence were not met.
Court Disposition
Application dismissed
Orders
- ['The amended application filed 25 February 2013 be dismissed.' "The applicant pay the first respondent's costs."]
Full Case Text
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