Federal Court of Australia
Federal Court of Australia
Phan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 427 Review of: Phan v Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 2894
File number: SAD 136 of 2022
Judgment of: CHARLESWORTH J
Date of judgment: 26 April 2023
Date of publication of reasons: 5 May 2023
Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – whether the applicant was deprived of a fair hearing before the Tribunal by reason of his status as a self-represented litigant – where applicant made no adjournment application to secure representation – Tribunal under no general duty to ensure litigant is represented – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39 Migration Act 1958 (Cth) ss 474, 476A, 500, 501, 501CA
Cases cited: Craig v South Australia (1995) 184 CLR 163 EXT20 v Minister for Home Affairs (2022) 291 FCR 55 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Nguyen v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 20 Phan v Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 2894
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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