Minister for Immigration and Citizenship v. Li and Anor

Lower Court Judgment

24/05/2012 Federal Court of Australia (Greenwood J, Collier J, Logan J)

[2012] FCAFC 74

Catchwords

Citizenship and Migration – Immigration – Migration Review Tribunal ('MRT') – Procedural fairness – Right to be heard – Hearings – Respondent unsuccessfully applied for a 'Skilled Independent Overseas Student (Residence) (Class DD) Visa' – Respondent requested MRT to forbear from making review decision until final outcome of a second skills assessment by Trades Recognition Australia – Respondent sought to address procedural errors by Trades Recognition Australia – MRT made decision without second assessment – Whether MRT’s refusal to adjourn denied applicant procedural fairness – Whether application doomed to failure – Whether ss 353 and 357A(3) of the Migration Act 1958 (Cth) impose requirements capable of supporting substantive grounds of review for jurisdictional error – Migration Act 1958 (Cth), ss 348, 353, 357A, 360.

Administrative law – Wednesbury unreasonableness – Proper test for unreasonableness in relation to adjournment – Whether failure to adjourn unreasonable.

Short Particulars