Lesi v Administrative Appeals Tribunal [2015] FCA 1186

FEDERAL COURT OF AUSTRALIA

Lesi v Administrative Appeals Tribunal [2015] FCA 1186 Citation: Lesi v Administrative Appeals Tribunal [2015] FCA 1186

Parties: BERNARD LESI v ADMINISTRATIVE APPEALS TRIBUNAL and MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: SAD 381 of 2015

Judge: BESANKO J

Date of judgment: 3 November 2015

Catchwords: ADMINISTRATIVE LAW – application for judicial review of conduct of the Administrative Appeals Tribunal – where the applicant applied for Australian citizenship – where the application was refused under the Australian Citizenship Act 2007 (Cth) s 24(6)(g) because the applicant had been convicted of assault and was subject to a good behaviour bond – where the bond was to expire in less than three months – where the applicant applied for the hearing of the application for review to be adjourned until after the expiry of the bond – where the Tribunal refused to adjourn the hearing –whether the Tribunal erred in holding that it would be improper to adjourn the hearing – whether the Tribunal erred in not taking relevant matters into account – whether the Tribunal's exercise of power was unreasonable – Australian Citizenship Act 2007 (Cth) s 24(6)(g) – Australian Citizenship Act 1948 (Cth) ss 14, 14A – Administrative Appeals Tribunal Act 1975 (Cth) s 40(1)(c). Held: Application dismissed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 2A, 40, 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 6 Australian Citizenship Act 1948 (Cth) ss 13, 14, 14A Australian Citizenship Act 2007 (Cth) ss 21, 24