Myakhail v Minister for Immigration & Multicultural Affairs [2001] FCA 613

FEDERAL COURT OF AUSTRALIA

Myakhail v Minister for Immigration & Multicultural Affairs [2001] FCA 613 PROCEDURE – appeal – migration – refusal of protection visa – motion for leave to amend notice of appeal – motion for adjournment to adduce new evidence – whether new evidence could be cogent in face of evidence already on record – whether new evidence could produce opposite result – whether proposed new evidence could have been called before tribunal Migration Act 1958 (Cth) s 476(1)(g) Tua Gul v Minister for Immigration & Multicultural Affairs (2000) 181 ALR 325 distinguished Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 applied Connection Fire Insurance Co v Kavanagh [1892] AC 473 cited Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 cited Green v Sommerville (1979) 141 CLR 594 cited O'Brien v Komesaroff (1982) 150 CLR 310 cited University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 cited Coulton v Holcombe (1986) 162 CLR 1 cited Water Board v Moustakas (1988) 180 CLR 491 cited Banque Commerciale SA (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279 cited Commissioner of Taxation v Brambles Holdings Ltd (1991) 28 FCR 451 cited Teoh v Minister for Immigration & Multicultural Affairs (1994) 49 FCR 409 cited SAID ANWAR MYAKHAIL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 288 of 2001 RD NICHOLSON, NORTH and GYLES JJ 29 NOVEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W288 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SAID ANWAR MYAKHAIL

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON, NORTH and GYLES JJ

DATE OF ORDER: 29 NOVEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appellant's application for leave to amend the notice of appeal be refused. 2. The appellant's application to adjourn the hearing of the appeal be dismissed. 3. The appellant's notice of motion dated 28 November 2001 be dismissed. 4. The appeal be dismissed. 5. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.