FQV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The appellant, a Lebanese national, appealed a decision of the Federal Circuit and Family Court of Australia (Circuit Court) that dismissed his appeal against the refusal of a protection visa application. The appellant sought an adjournment of the hearing of the appeal to allow him time to obtain legal representation. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs opposed the adjournment application on the basis that the appellant had not demonstrated reasonable prospects of success in the appeal. The central issue before the court was whether the appellant's adjournment application should be granted. A subsidiary issue was whether the appellant had a viable ground of appeal against the decision of the Circuit Court.

The court dismissed the appellant’s application for an adjournment. The appellant had not demonstrated reasonable prospects of success in the appeal. The court found that the Immigration Assessment Authority had considered the relevant country information in reaching its decision. There was no evidence that the Authority had failed to consider the appellant’s country information, and no jurisdictional error was shown. The court noted that the appellant had been working and earning a living since November 2019, and had been saving money to appoint a lawyer to represent him. However, the appellant had not shown that he had any reasonable prospects of success in the appeal, and the adjournment application was dismissed.

The appeal against the decision of the Circuit Court was dismissed. The court held that the Authority had considered the relevant country information in reaching its decision. The appellant had not demonstrated that the Authority had failed to consider his country information, and no jurisdictional error was shown. The appellant was ordered to pay the costs of the first respondent as agreed or taxed. The name of the first respondent was amended to read 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.