Rokobatini v Minister for Immigration &

Case •

[1999] FCA 491

•

19 APRIL 1999

FEDERAL COURT OF AUSTRALIA

Rokobatini v Minister for Immigration &
Multicultural Affairs [1999] FCA 491

EPINISA TIKO ROKOBATINI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 136 OF 1999

EMMETT J
19 APRIL 1999
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 136 OF 1999

BETWEEN:

EPINISA TIKO ROKOBATINI
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

EMMETT J

DATE:

19 APRIL 1999

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT (NO. 1)

  1. The applicant seeks to read an affidavit of the Reverend Tevita Vuli in support of the appeal.  The affidavit is by a witness who gave evidence before the Tribunal.  The witness says that at the time when the case was heard, he was under extreme pressure and stress.  When his evidence at the Tribunal was restricted and limited to questions and answers, he was unhappy and not satisfied, as he wanted to say more.  He says that he did not feel that he had the opportunity to make a complete statement in support of the applicant. 

  2. Following the hearing, the deponent composed a further statement and sent it to the Tribunal.  However, the statement was received by the Tribunal after it gave its decision.  Counsel for the applicant said that evidence of that nature is in some way relevant to the question of whether, if I determined that the matter should be remitted to the Tribunal for further hearing, I should permit further evidence to be received by the Tribunal.

  3. The material in the affidavit is not relied upon as a ground of appeal.  Nor is it relied on as supporting, in any way, any of the grounds presently relied on.  The affidavit was originally filed in support of the ground of denial of procedural fairness, which has now been abandoned.  I do not consider that the affidavit is relevant to the issues which I have to decide, and accordingly, I reject the affidavit.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             19 April 1999

Counsel for the Applicant: M.B. Smith
Solicitor for the Applicant: Ron Kessels
Counsel for the Respondent: G.T. Johnson
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 19 April 1999
Date of Judgment: 19 April 1999
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