Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EPH17 v Minister for Immigration and Border Protection [2019] FCA 824 Appeal from: Application for leave to appeal: EPH17 v Minister for Immigration & Anor [2018] FCCA 2809
File number: VID 1254 of 2018
Judge: KENNY J
Date of judgment: 3 June 2019
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from Federal Circuit Court of Australia – leave granted MIGRATION – whether primary judge denied the applicant procedural fairness in failing to adjourn hearing – where applicant did not expressly seek an adjournment – where applicant was a non-English speaking self-represented litigant – where primary judge was informed by the applicant that his solicitor had suddenly withdrawn from the case the day before the hearing – where primary judge did not clarify with the applicant what had happened with his lawyer and whether or not he sought an adjournment – applicant denied reasonable opportunity to present his case – breach of rules of natural justice – duties to self-represented litigants – appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a)
Cases cited: ALQ17 v Minister for Immigration and Border Protection [2019] FCA 16 Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197 CPF15 v Minister for Immigration and Border Protection [2018] FCA 330 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hamod v State of New South Wales [2011] NSWCA 375 House v The King (1936) 55 CLR 499 Jarrett v Westpac Banking Corporation [1999] FCA 425 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392; 238 FCR 158 Re CSR Ltd [2010] FCAFC 34; 183 FCR 358 Sullivan v Department of Transport (1978) 20 ALR 323 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; 216 FCR 445
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