Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Tran [2011] FCA 1445 Citation: Minister for Immigration and Citizenship v Tran [2011] FCA 1445
Appeal from: Tran v Minister for Immigration & Anor [2011] FMCA 329
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v HOANG SON TRAN and MIGRATION REVIEW TRIBUNAL
File number: SAD 129 of 2011
Judge: LANDER J
Date of judgment: 21 December 2011
Catchwords: MIGRATION – Migration Review Tribunal asked respondent for further information – respondent asked for an extension of time to provide information – Tribunal refused application – whether refusal of adjournment reasonable – whether respondent denied procedural fairness by refusal of adjournment – whether Federal Magistrate erred in finding that request for adjournment was reasonable – appeal by Minister dismissed.
Legislation: Migration Act 1958 (Cth), s 48, s 353(1), s 357A, s 360, s 363 Migration Regulations 1994 (Cth), cl 457.223(2)
Cases cited: Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited
Date of hearing: 24 November 2011
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 47
Counsel for the Appellant: Dr C Bleby
Solicitor for the Appellant: Australian Government Solicitor
Counsel for the First Respondent: Mr S Ower
Solicitor for the First Respondent: McDonald Steed McGrath
Counsel for the Second Respondent: The Second Respondent did not appear
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