SZKCE v Minister for Immigration and Citizenship [2008] FCA 1177

SZKCE v Minister for Immigration and Citizenship [2008] FCA 1177

Having regard to the applicant’s language difficulties, destitution, efforts to obtain legal advice, difficulty accessing the Federal Magistrates Court transcript, and interests of justice, an adjournment is necessary, but it must be finalised at the November sittings.

Jurisdiction
Australia
Judgment Date
04 August 2008
Procedural Posture
Appeal / Interlocutory Application—adjournment Decision
Outcome
Application for adjournment granted; costs reserved.
Legal Topics
['adjournment' 'appeal Procedure' 'costs Reservation' 'preparation of Appeal Book']
['administrative Law' 'immigration Law'] ['adjournment' 'appeal Procedure' 'costs Reservation' 'preparation of Appeal Book']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application—adjournment Decision

Legal Issues

  1. 1 ["Whether an adjournment should be granted in the interests of justice in the circumstances of the Applicant's appeal"]

Ratio Decidendi

Having regard to the applicant’s language difficulties, destitution, efforts to obtain legal advice, difficulty accessing the Federal Magistrates Court transcript, and interests of justice, an adjournment is necessary, but it must be finalised at the November sittings.

Court Disposition

Application for adjournment granted; costs reserved.

Orders

  • ['The application be adjourned to a date to be fixed in the November sittings of the Full Court in Sydney.' 'First Respondent to prepare and file with the Court an indexed and paginated application book by 11 August 2008.' 'First Respondent to send copies of the application book to the Applicant and Macarthur Legal...