Alzaben v Minister for Immigration

[2020] FCCA 2719

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALZABEN v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 2719

Catchwords:
MIGRATION – Application for adjournment – no reasonable cause shown – application refused.

Applicant: OSAMA MOHAMMAD ASSAD ALZABEN

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 1102 of 2019

Judgment of: Judge Egan

Hearing date: 23 September 2020

Date of Last Submission: 23 September 2020

Delivered at: Brisbane

Delivered on: 23 September 2020

REPRESENTATION

Applicant: In person

Counsel for the Respondent: Mr Byrnes

Solicitors for the Respondent: Minter Ellison

ORDERS

1. The Applicant’s oral application for an adjournment of the hearing dated 18 November 2020 be refused.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

No. BRG 1102 of 2019

OSAMA MOHAMMAD ASSAD ALZABEN

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. I accept the submissions made on behalf of the first respondent that the applicant had had more than ample time to put before the court any further material. 

2. The matter had previously come before the court on 5 June 2020, at which time the matter was listed for hearing on 17 June 2020.  The hearing on 17 June was vacated because the applicant was ordered to file a third amended application for review, which application was particularised sufficiently so as to enable to court, and the first respondent, to know what the applicant’s grounds for review actually were.

3. The application for an adjournment is too late and is refused. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Egan

Associate:

Date: 1 October 2020