X v Minister for Immigration & Multicultural Affairs [2000] FCA 372

X v Minister for Immigration & Multicultural Affairs [2000] FCA 372

No grounds for review were specified or made out; the application for adjournment was refused as special circumstances existed, including ongoing detention and lack of prospects of success; accordingly, the application was dismissed and costs awarded to the respondent.

Jurisdiction
Australia
Judgment Date
24 March 2000
Procedural Posture
Application for Order of Review / Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['protection Visa' 'procedural Fairness' 'adjournment Applications' 'special Circumstances Under Legal Aid Commission Act 1979 (nsw)']
['migration Law' 'administrative Law'] ['protection Visa' 'procedural Fairness' 'adjournment Applications' 'special Circumstances Under Legal Aid Commission Act 1979 (nsw)']

Case Brief

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Procedural Posture

Application for Order of Review / Judgment at First Instance

Legal Issues

  1. 1 ["Whether application for review of Refugee Review Tribunal's decision discloses grounds for relief" 'Whether special circumstances exist to adjourn proceedings under s 57 of the Legal Aid Commission Act 1979 (NSW)']

Ratio Decidendi

No grounds for review were specified or made out; the application for adjournment was refused as special circumstances existed, including ongoing detention and lack of prospects of success; accordingly, the application was dismissed and costs awarded to the respondent.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]