Federal Court of Australia
Federal Court of Australia
Kainth v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1629 Appeal from: Kainth v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 588
File number(s): VID 473 of 2022
Judgment of: ANDERSON J
Date of judgment: 20 December 2023
Catchwords: MIGRATION – Temporary Business Entry (Class UC) visa –whether Administrative Appeals Tribunal failed to afford the appellant procedural fairness by refusing to exercise its discretion to adjourn the matter or by failing to invite the appellant to attend a hearing – no error established – appeal dismissed.
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Hasran v Minister for Immigration and Citizenship (2010) 183 FCR 413; [2010] FCAFC 40 Huo v Minister for Immigration and Multicultural Affairs [2002] FCA 617 Minister for Immigration v Jia (2001) 205 CLR 507; [2001] HCA 1 SZRUI v Minister for Immigration, Citizenship and Multicultural Affairs [2013] FCAFC 80
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 51
Date of hearing: 7 December 2023
Counsel for the Appellant: The Appellant appeared in person
Solicitor for the First Respondent: Mr K Sypott of Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent did not appear
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