Salomonn v Migration Agents Registration Authority [2014] FCA 380

FEDERAL COURT OF AUSTRALIA

Salomonn v Migration Agents Registration Authority [2014] FCA 380 Citation: Salomonn v Migration Agents Registration Authority [2014] FCA 380

Appeal from: Application for extension of time: Raymond Salomonn v Migration Agents Registration Authority [2013] AATA 146

Parties: RAYMOND SALOMONN v MIGRATION AGENTS REGISTRATION AUTHORITY and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1600 of 2013

Judge: PERRAM J

Date of judgment: 17 April 2014

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time in which to bring appeal from Administrative Appeals Tribunal – explanation for delay – decision making ability of applicant impaired MIGRATION – review of decision of Migration Agents Registration Authority ADMINISTRATIVE LAW – whether breach of rules of procedural fairness for the Tribunal to proceed in applicant's absence after he left the hearing – whether Tribunal bound to adjourn

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33(1), s 35, s 43 and s 44(2A) Migration Act 1958 (Cth) s 276, s 280(1)

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 cited Minister for Immigration and Citizenship v Li (2012) 202 FCR 387 cited Minister for Immigration and Citizenship v Li (2013) 297 ALR 225 cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 considered Minster for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Public Service Board (NSW) v Osmond (1986) 159 CLR 656 cited Raymond Salomonn v Migration Agents Registration Authority [2013] AATA 146 cited Soliman v University of Technology, Sydney (2012) 207 FCR 277 cited Sullivan v Department of Transport (1978) 1 ALD 383 considered Tisdall v Webber (2011) 193 FCR 260 cited