Huang v Minister for Home Affairs [2019] FCA 2091

Huang v Minister for Home Affairs [2019] FCA 2091

The adjournment application was refused because the appellant did not provide a proper and reasonable explanation for a further adjournment. The evidence failed to explain key matters including why former solicitors ceased to act, why new solicitors were retained so late, why necessary material and counsel were not obtained earlier, and why counsel could not be ready for a narrow appeal by the listed hearing date. In light of existing delays and the unsatisfactory circumstances in which the original hearing date was vacated, no further delay was justified.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Migration Appeal; Interlocutory Application for Adjournment / Interlocutory Application Seeking to Vacate the Listed Appeal Hearing Date and Adjourn the Appeal
Outcome
Interlocutory application dismissed; appellant to pay the Minister's costs of the application.
Legal Topics
['adjournment Application' 'change of Legal Representation Before Hearing' 'delay in Proceedings' 'temporary Business Entry (class Uc) Temporary Work (skilled) (subclass 457) Visa' 'administrative Appeals Tribunal Jurisdiction']
['practice and Procedure' 'migration' 'administrative Law'] ['adjournment Application' 'change of Legal Representation Before Hearing' 'delay in Proceedings' 'temporary Business Entry (class Uc) Temporary Work (skilled) (subclass 457) Visa' 'administrative Appeals Tribunal Jurisdiction']

Case Brief

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Procedural Posture

Migration Appeal; Interlocutory Application for Adjournment / Interlocutory Application Seeking to Vacate the Listed Appeal Hearing Date and Adjourn the Appeal

Legal Issues

  1. 1 ["Whether the appellant's interlocutory application to adjourn the appeal hearing listed for 26 November 2019 should be granted." 'Whether the last-minute change of solicitors and asserted lack of preparation time provided a proper and reasonable explanation for a further adjournment.' 'Whether the absence of irremediable prejudice to the Minister justified further delay in the appeal.']

Ratio Decidendi

The adjournment application was refused because the appellant did not provide a proper and reasonable explanation for a further adjournment. The evidence failed to explain key matters including why former solicitors ceased to act, why new solicitors were retained so late, why necessary material and counsel were not obtained earlier, and why counsel could not be ready for a narrow appeal by the listed hearing date. In light of existing delays and the unsatisfactory circumstances in which the original hearing date was vacated, no further delay was justified.

Court Disposition

Interlocutory application dismissed; appellant to pay the Minister's costs of the application.

Orders

  • ['The interlocutory application filed by the appellant on 19 November 2019 seeking an adjournment of the matter be dismissed.' 'The applicant pay the costs of the first respondent.']