Moussa v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1501

Federal Court of Australia

Moussa v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1501 Appeal from: Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 194

File number(s): NSD 130 of 2021

Judgment of: DOWNES J

Date of judgment: 1 December 2023

Catchwords: MIGRATION – where appellants sought adjournment of judicial review application in (then) Federal Circuit Court of Australia – where judge refused adjournment and dismissed application for judicial review – appeal brought on basis of refusal to adjourn – no error shown in primary judge's exercise of discretion – appeal dismissed

Cases cited: Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 194

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 12

Date of hearing: 21 November 2023

Counsel for the Appellants: The First Appellant appeared in person with the assistance of an interpreter on behalf of the Appellants

Solicitor for the First Respondent: Ms D Stone of Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS NSD 130 of 2021 BETWEEN: LAURENCE MOUSSA First Appellant

CARLA ISHAK Second Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: DOWNES J DATE OF ORDER: 1 December 2023