SZHYH v Minister for Immigration and Border Protection (No 2) [2018] FCA 1417

SZHYH v Minister for Immigration and Border Protection (No 2) [2018] FCA 1417

Because the appellant's counsel was unable to continue, the appellant had not properly taken earlier opportunities to put submissions in writing, and the matter had a history before the Tribunal with serious claims underlying it, the Court considered it appropriate to adjourn the appeal, give the appellant a further opportunity to file written material, and seek the assistance of a barrister as amicus curiae to put submissions properly available in furtherance of the appeal.

Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal (migration and Refugee Division) / Case Management; Adjournment of Appeal Hearing and Directions for Appointment of Amicus Curiae
Outcome
Hearing adjourned to a date to be fixed; directions made for further material, service, nomination and appointment of amicus curiae, provision of materials, and communication about hearing dates.
Legal Topics
['judicial Review' 'migration and Refugee Division' 'adjournment' 'amicus Curiae' 'case Management']
['administrative Law' 'migration Law'] ['judicial Review' 'migration and Refugee Division' 'adjournment' 'amicus Curiae' 'case Management']

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Procedural Posture

Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal (migration and Refugee Division) / Case Management; Adjournment of Appeal Hearing and Directions for Appointment of Amicus Curiae

Legal Issues

  1. 1 ['Whether the hearing listed for 18 September 2018 should be adjourned because counsel for the appellant was unable to continue to appear.' "Whether counsel should be sought to assist the Court as amicus curiae in furtherance of the appellant's appeal." 'What timetable and directions should be made for further written material and the adjourned hearing.']

Ratio Decidendi

Because the appellant's counsel was unable to continue, the appellant had not properly taken earlier opportunities to put submissions in writing, and the matter had a history before the Tribunal with serious claims underlying it, the Court considered it appropriate to adjourn the appeal, give the appellant a further opportunity to file written material, and seek the assistance of a barrister as amicus curiae to put submissions properly available in furtherance of the appeal.

Court Disposition

Hearing adjourned to a date to be fixed; directions made for further material, service, nomination and appointment of amicus curiae, provision of materials, and communication about hearing dates.

Orders

  • ['The hearing listed for 18 September 2018 be adjourned to a date to be fixed.' 'On or before 15 October 2018, the appellant file and serve any further written material upon which he will seek to rely at the adjourned hearing.' 'On or before 20 September 2018, the first respondent serve upon the appellant at both...