Hui v Minister for Immigration and Citizenship [2011] FCA 1353

Hui v Minister for Immigration and Citizenship [2011] FCA 1353

The adjournment was refused because there was no evidence supporting the appellant's claim that she would obtain Legal Aid or that a second review would change her position, no evidence that her medical condition made her unable to continue with the proceeding, and the application sought an indeterminate delay after a previous last-minute adjournment, causing continuing costs to the Minister without a proper foundation.

Jurisdiction
Australia
Judgment Date
24 November 2011
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Oral Application for Adjournment of the Hearing of the Appeal
Outcome
Application for adjournment refused.
Legal Topics
['adjournment' 'legal Aid' 'medical Evidence' 'discretionary Interlocutory Decision']
['practice and Procedure' 'migration'] ['adjournment' 'legal Aid' 'medical Evidence' 'discretionary Interlocutory Decision']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Oral Application for Adjournment of the Hearing of the Appeal

Legal Issues

  1. 1 ['Whether the hearing of the appeal should be adjourned because the appellant was awaiting a second review of the refusal of Legal Aid and claimed serious health issues.' 'Whether there was evidence that the appellant was medically unable to proceed or that an adjournment was otherwise properly founded.']

Ratio Decidendi

The adjournment was refused because there was no evidence supporting the appellant's claim that she would obtain Legal Aid or that a second review would change her position, no evidence that her medical condition made her unable to continue with the proceeding, and the application sought an indeterminate delay after a previous last-minute adjournment, causing continuing costs to the Minister without a proper foundation.

Court Disposition

Application for adjournment refused.

Orders

  • ["The application to adjourn today's hearing is refused."]