NAEB v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 283

FEDERAL COURT OF AUSTRALIA

NAEB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 283

NAEB V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 1198 OF 2002

JACOBSON J
28 MARCH 2003

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1198 OF 2002

BETWEEN:	NAEB APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	JACOBSON
DATE OF ORDER:	28 MARCH 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.application for an adjournment is granted.

2.matter is stood over until 1 May 2003 at 2.15 pm for hearing.

3.costs of tonight’s application are reserved.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1198 OF 2002

BETWEEN:	NAEB APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	JACOBSON
DATE:	28 MARCH 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On Monday 24 March 2003 this matter was listed for hearing before me.  On that date an application was made for an adjournment.  I granted an adjournment and gave reasons.

2. An application has been made to me this evening for a further adjournment.  The grounds on which the adjournment are sought are firstly that the applicant wishes to have access to the transcript of the hearing before the Refugee Review Tribunal which took place on 24 September 2002.  Country information is also required.

3. The adjournment was opposed by counsel for the respondent.  Her submissions were that on the evidence before me this matter should have been ready for hearing on Monday, 31 March 2003.  In my opinion there is substantial force in the submissions put by counsel for the respondent.  However, the purpose which I have to achieve is to ensure that the applicant has an opportunity to present the case which has been outlined to me.  Whilst I believe that he has had more than an adequate opportunity to prepare his case, I am prepared to give him one last chance and I propose to allow a period which is in excess of the period of two weeks sought by the applicant's solicitor.

4. I will adjourn the matter to a date to be fixed shortly which will be in late April or early May of this year.

5. I reserve the costs of the application.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:            1 April 2003

Counsel for the Applicant:	Mr D Brezniak
Solicitor for the Applicant:	Michaela Byers
Counsel for the Respondent:	Ms V Hartstein
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	28 March 2003
Date of Judgment:	28 March 2003