Pathak v Minister for Immigration and Border Protection [2015] FCA 683

FEDERAL COURT OF AUSTRALIA

Pathak v Minister for Immigration and Border Protection [2015] FCA 683 Citation: Pathak v Minister for Immigration and Border Protection [2015] FCA 683

Appeal from: Pathak v Minister for Immigration [2014] FCCA 2778

Parties: LALITA KANDEL PATHAK AND OTHERS NAMED IN THE SCHEDULE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 36 of 2015

Judge: RARES J

Date of judgment: 21 May 2015

Catchwords: MIGRATION – where Migration Review Tribunal had indicated before hearing that it wished to make decision at hearing – whether Tribunal refused to adjourn to allow applicant more time to obtain further evidence on new issue that emerged during hearing because of its doubts that applicant could satisfy a different criterion for visa – where Tribunal made decision orally at hearing affirming delegate's decision but provided written reasons 11 days later –Tribunal did not decide issue that it used as its reason to refuse adjournment– whether Tribunal exercised power to adjourn a review under s 363(1)(b) of the Migration Act 1958 (Cth) unreasonably – where Tribunal gave its decision immediately despite ascertaining during hearing its earlier identification of issues erroneous – whether Tribunal took an irrelevant consideration into account by basing its decision on a doubt, but not a finding, about applicant – where Tribunal gave written reasons 11 days after having refused to adjourn it, made oral decision at hearing to affirm delegate's decision in circumstances where applicant could have provided information in that period on ground of Tribunal's adverse decision