BCS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2022] FedCFamC2G 776

Federal Circuit and Family Court of Australia

(DIVISION 2)

BCS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 776   

File number(s):	MLG 528 of 2017
Judgment of:	JUDGE YOUNG
Date of judgment:	29 August 2022
Catchwords:	MIGRATION – application for review – matter adjourned
Division:	Division 2 General Federal Law
Number of paragraphs:	3
Date of hearing:	29 August 2022
Place:	Darwin
TheApplicant:	Appearing on his own behalf
Solicitor for the Respondents:	Mr Macaulay of Clayton Utz

ORDERS

MLG 528 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

BCS17

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

order made by:	JUDGE YOUNG
DATE OF ORDER:	29 AUGUST 2022

THE COURT ORDERS THAT:

1.The hearing of 29 August 2022 be vacated.

2.The matter be re-listed for final hearing before Judge Young on 20 February 2023 at 2:15pm

3.Any new information to be relied upon by the Applicant is to be set out in an affidavit to be filed and served no later than 7 days before the next hearing.

Note: The form of the order is subject to the entry in the Court’s records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

REASONS FOR JUDGMENT
Ex Tempore

JUDGE YOUNG

1. This is an application for judicial review.  A Tamil interpreter had been arranged to be present with the applicant and assist in this hearing.  The court was notified late this morning that the Tamil interpreter was ill and a replacement interpreter could not be found within the time allowed.  The court managed to make arrangements for a telephone interpreter at short notice but I am not prepared to conduct a hearing with a telephone interpreter simply because it means that everything needs to stop while every sentence is interpreted and I do not consider that acceptable. 

2. The applicant emailed the registry last week and he said that he needed to add new information to his case and also to retain a lawyer.  He has not been able to afford one as yet.  I explained to the applicant that the case would be reallocated, probably to another judge.  His case will be adjourned, and if he wants to seek legal advice, he should act immediately.  Having regard to the fact that the matter has been in the court list for a very long time, I advised the applicant that it was highly unlikely that another judge would give him an adjournment simply for the purposes of obtaining legal advice at this very late stage. 

3. The applicant also raised with me today was that he wanted to add new information.  I asked him what information that was, and he told me that there had been a change of circumstances.  As I understood him, the applicant said it was a change of circumstances in Australia because he had married someone of another caste and he said he or she or his family would be discriminated against should he be forced to return to Sri Lanka.  I told him that this court, in his present application, would not consider a new refugee ground and, if he wished to raise such a ground, he would need to make another application to the Minister.  I also told him that the function of this court was to review the relevant decision of the Administrative Appeals Tribunal (“the Tribunal”) for jurisdictional error and I attempted to explain briefly what that was.  I told him that if there was any new information that was relevant to the proceeding in this court it should be put on an affidavit and filed well before the next hearing.  As he says that he intends to rely on new information I will make an order vacating the dates. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Young.

Associate:

Dated:       15 September 2022