AFN15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, a citizen of Sri Lanka, brought proceedings against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in the Federal Circuit and Family Court of Australia. The dispute involved the refusal of a Protection (Class XA) visa, and the application was for judicial review of the decision of the Refugee Review Tribunal. The court was required to decide whether the lengthy delays in listing matters filed in the Melbourne Registry warranted an adjournment of the proceedings.

The court considered the historical delays in listing matters in the Melbourne Registry and whether this warranted an adjournment of the proceedings. The applicant had previously failed to comply with the terms of an order made on 15 July 2021, which required the filing of certain documents by 24 September 2021. The applicant sought an extension of one month to lodge the documents due to the lockdown in Victoria and difficulties in finding someone who could translate the order into Tamil. The Minister’s lawyers opposed the extension and proposed a revised timetable that would provide further time for the applicant to file his material by 8 October 2021, with the Minister responding by 15 October 2021. The court found that the Minister’s lawyers indicated that they would be amenable to a revised timetable and ordered that the applicant file his material by 8 October 2021 and the Minister by 15 October 2021.

The court found that the Minister’s lawyers indicated that they would be amenable to a revised timetable to provide further time for the applicant to file his material by 8 October 2021 and with the Minister responding by 15 October 2021, those being dates in relation to Orders 4 and 6 in the orders made on 15 July 2021. The court ordered that the applicant file his material by 8 October 2021 and the Minister by 15 October 2021. The court did not make any orders in relation to the adjournment of the proceedings.