Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ali v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1415
ADMINISTRATIVE LAW – natural justice –Administrative Appeals Tribunal (AAT) – refusal of adjournment – solicitor for applicant before AAT applies in writing during week before tranche of three dates fixed for hearing of application for review of decision to deport applicant for adjournment of the hearing – adjournment refused – solicitor files notice of ceasing to act – application for adjournment made later in that week by applicant – Deputy President again refuses adjournment – hearing proceeds with applicant appearing unrepresented – applicant given ample opportunity following hearing to submit any further evidence in the form of written statements – applicant does so – respondent does not require the makers of those witness statements for cross-examination – no failure to accord procedural fairness Squire v Rogers (1979) 27 ALR 330 cited Scott v Handley (1999) 58 ALD 373 cited
SHANE ALI v MINISTER FOR IMMIGRATION &
MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR
NSD 150 OF 2005 LINDGREN J 21 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 150 OF 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: SHANE ALI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
ADMINISTRATIVE APPEALS TRIBUNAL
SECOND RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 21 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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