Federal Court of Australia
Federal Court of Australia
Huni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1454 Review of: Decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
File number: WAD 99 of 2021
Judgment of: LOGAN J
Date of judgment: 21 October 2021
Catchwords: MIGRATION – application for judicial review of Minister's decision not to revoke cancellation of visa – where applicant confirmed at hearing that he no longer wishes to pursue judicial review application – application dismissed PRACTICE AND PROCEDURE – application for adjournment – where applicant wanted to obtain legal advice on proceedings – where applicant had already been referred for pro bono legal representation – where pro bono counsel withdrew in absence in advance of hearing – application dismissed
Legislation: Migration Act 1958 (Cth) s 501
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 14
Date of hearing: 21 October 2021
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Ms K Hooper
Solicitor for the Respondent: MinterEllison
ORDERS WAD 99 of 2021
BETWEEN: LOUMAILE HUNI Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent
order made by: LOGAN J DATE OF ORDER: 21 OCTOBER 2021
THE COURT ORDERS THAT:
1. The respondent file and serve within 14 days an affidavit addressing the following issues: (a) why no application book was filed that allowed the case to be heard at the time appointed; and (b) why the applicant was moved from his detention in Western Australia to Christmas Island and, to that regard, what consultation occurred between the Minister or his officers, and an officer of the Court. 2. The application be dismissed. 3. The dismissal of the application be without prejudice to any further action necessary to be taken after consideration of the affidavit to be filed in accordance with Order 1. 4. The applicant pay the respondent's costs of and incidental to the application, to be fixed by a registrar if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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