SZQVI v Minister for Immigration and Citizenship [2012] FCA 802

SZQVI v Minister for Immigration and Citizenship [2012] FCA 802

The application for adjournment was refused because the appellant had ample time to obtain required materials, has been legally represented throughout, no new grounds were properly raised, and there is no risk of substantial injustice if adjournment is refused.

Jurisdiction
Australia
Judgment Date
27 July 2012
Procedural Posture
Appeal / Interlocutory Application for Adjournment
Outcome
Interlocutory Application dismissed
Legal Topics
['adjournment' 'merits Review' 'legal Aid']
['administrative Law' 'immigration Law'] ['adjournment' 'merits Review' 'legal Aid']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Adjournment

Legal Issues

  1. 1 ['Whether an adjournment of the appeal should be granted' 'Adequacy of legal representation and access to evidence (transcripts)' 'Grounds for amending the notice of appeal to include interpreter error']

Ratio Decidendi

The application for adjournment was refused because the appellant had ample time to obtain required materials, has been legally represented throughout, no new grounds were properly raised, and there is no risk of substantial injustice if adjournment is refused.

Court Disposition

Interlocutory Application dismissed

Orders

  • ['The Interlocutory Application filed by the appellant on 24 July 2012 be dismissed.' 'The costs of that Interlocutory Application be costs in the appeal.']