Bakri, A. v Minister for Immigration & Ethnic Affairs [1987] FCA 663

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' JUDGMENT No.

IN THE FEDERAL COURT OF AUSTRALIA

bb3, /.81..

NOT FOR DISTRIBUTION

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G198 of 1987

CORAM:

DATE:

PLACE:

On Appeal from the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN: AHMAD BAKRI Applicant AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

Preven

= 2 DEC 1987

FEDERAL COURT AUSTRALIA oF

PRINCI Fase

Davies, Beaumont and Gummow JJ.

30 October 1987

Sydney

REASONS FOR JUDGMENT (EX TEMPORE)

Davies J.: Mr Justice Beaumont will express the view of the

Court.

Beaumont J.: I will deal now with the application for the

adjournment of the appeal. This 1s an application for the

judicial review of a decision of the Administrative Appeals

~~

Tribunal in a deportation matter in the form of an appeal

arising under sub-s. 44(1) of the Administrative Appeals

Tribunal Act 1975 (Cth). Such an appeal is a matter arising

in the original jurisdiction of the Court and is confined to

questions of law only; there is no general right of appeal in

such a case.

The history of the matter may be shortly stated. The appeal was fixed on a callover taken by the Chief Judge on 26 August this year. The Chief Judge was assured that the matter

was ready for hearing and the parties sought a date at the end

of October.

Shortly before the appeal was listed for hearing the solicitors for the applicant wrote to the Registrar of the Court by letter dated 29 October 1987, foreshadowing an application for adjournment. Upon the appeal being called on for hearing the applicant's counsel sought an adjournment of the hearing so as to provide further time for the preparation

of the argument of the appeal.

We called upon counsel to indicate to us what in his submission were the points of law, as he perceived it, arising on the appeal, and we had the benefit of submissions from counsel for the applicant and counsel for the respondent on