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

This matter concerned an application for judicial review filed by Mr. Govarthan Rajmohan against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Mr. Rajmohan sought to challenge a decision of the Administrative Appeals Tribunal that affirmed the cancellation of his Higher Education Sector visa. The grounds of review alleged jurisdictional error by the Tribunal, including irrational reasoning regarding a waiver of visa conditions, an incorrect interpretation of the law concerning the exercise of discretion, and a failure to consider extenuating circumstances such as his mother's illness. The Federal Circuit Court of Australia, constituted by Lucev J, considered Mr. Rajmohan's request for an adjournment of the final hearing.

The central legal issue before the Court was whether to grant Mr. Rajmohan's request for an adjournment of the final hearing, which had been relisted for 16 July 2021. The Minister opposed the adjournment, arguing that Mr. Rajmohan had ample time to prepare his case and seek legal advice. Mr. Rajmohan sought the adjournment to obtain legal advice and prepare submissions, highlighting that the time provided to comply with court orders following the relisting was insufficient.

In determining the application, the Court considered the principles governing adjournments. While acknowledging that there is no automatic right to legal representation in migration proceedings, the Court noted that an applicant's lack of legal representation is a factor that can be taken into account in exercising discretion. The Court found that Mr. Rajmohan, who was not legally represented and did not have English as a first language, had a limited appreciation of the legal system. Furthermore, the Court observed that obtaining legal advice and preparing submissions would likely require more time than had been afforded. The Court also noted the significant reduction in the migration caseload in the Perth Registry, which meant that any adjournment would likely result in only a short delay. Weighing these factors, the Court concluded that the interests of justice favoured granting the adjournment. The Court ordered that the final hearing be adjourned to 19 October 2021.