Daw v Minister for Immigration & Citizenship [2012] FCA 705

FEDERAL COURT OF AUSTRALIA

Daw v Minister for Immigration & Citizenship [2012] FCA 705 Citation: Daw v Minister for Immigration & Citizenship [2012] FCA 705

Appeal from: [2012] AATA 70

Parties: ACHEN DAW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 240 of 2012

Judge: EDMONDS J

Date of judgment: 5 July 2012

Catchwords: MIGRATION – appeal from Administrative Appeals Tribunal – sole ground being denial of procedural fairness for Tribunal's refusal to grant adjournment sought to accommodate legal representative's wish for further time to prepare applicant's case for hearing – consideration of statutory scheme in respect of decision to be made and other relevant facts Held: No denial of procedural fairness; appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 500, 501 Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 43

Cases cited: Sullivan v Department of Transport (1978) 20 ALR 32 applied Weti v Minister for Immigration and Citizenship [2007] FCA 1531 followed Russell v Duke of Norfolk [1949] 1 All ER 109 followed Re Minister for Immigration and Multicultural Affairs & Anor; Ex parte Miah (2001) 206 CLR 57 followed Kioa v West (1985) 159 CLR 550 followed Goldie v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 378 applied White v Hall (1983) ASC 56-247 referred to Nguyen v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 20 referred to Warrell v Fair Work Australia [2012] FCA 267 distinguished Hutley v Meigan [1996] NSWSC 636 distinguished Hodgkinson v Companies Auditors and Liquidators Disciplinary Board (1994) 50 FCR 504 distinguished