O'Donoghue v Minister for Immigration and Citizenship (No 2) [2011] FCA 118

O'Donoghue v Minister for Immigration and Citizenship (No 2) [2011] FCA 118

No ground for adjournment is made out as no cogent, relevant or admissible further evidence is identified; there is no basis for constitutional referral or adjournment pending FOI Act proceedings as the appeal concerns estoppel, and requisite factual and procedural foundations for adjournment are lacking.

Parties
Appellant: Vincent Thomas O'Donoghue; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
17 February 2011
Procedural Posture
Appeal / Adjournment Application in Appeal; Appeal Not Yet Determined
Outcome
Adjournment application refused; appeal to proceed
Legal Topics
Adjournment Applications, Further Evidence on Appeal, Estoppel in Administrative Decision Making
Practice and Procedure Administrative Law Adjournment Applications Further Evidence on Appeal Estoppel in Administrative Decision Making

Case Brief

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Parties

Vincent Thomas O'Donoghue

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Adjournment Application in Appeal; Appeal Not Yet Determined

Legal Issues

  1. 1 Whether grounds for adjournment of appeal exist
  2. 2 Whether leave should be granted for further evidence
  3. 3 Whether the appeal should be adjourned to state a constitutional case to the High Court

Ratio Decidendi

No ground for adjournment is made out as no cogent, relevant or admissible further evidence is identified; there is no basis for constitutional referral or adjournment pending FOI Act proceedings as the appeal concerns estoppel, and requisite factual and procedural foundations for adjournment are lacking.

Court Disposition

Adjournment application refused; appeal to proceed

Orders

  • The application for adjournment is refused.