SZFOM v Minister for Immigration
[2006] FMCA 1083
•17 July 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZFOM v MINISTER FOR IMMIGRATION & ANOR | [2006] FMCA 1083 |
| MIGRATION – Application for adjournment. |
| Applicant: | SZFOM |
| First Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG200 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 17 July 2006 |
| Date of Last Submission: | 17 July 2006 |
| Delivered at: | Sydney |
| Delivered on: | 17 July 2006 |
REPRESENTATION
| For the Applicant: | In person |
| Solicitors for the Respondents: | Australian Government Solicitors |
ORDERS
Application for adjournment declined.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG200 of 2005
| SZFOM |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The applicant in these proceedings has sought an adjournment. He filed an affidavit with the court in support of that application on 4 July 2006. The affidavit indicated that the applicant was not trained in the law and not able to represent himself. He had sought some legal advice. He had obtained from the court a list of practitioners specialising in migration law but he had not been able to interview any of these because he had not received his papers from his migration agent who, he told me, was overseas.
Mr Markus, on behalf of the Minister, objects to any adjournment of this case. He points out that the proceedings were commenced on 24 January 2005 and that the applicant has had over 18 months in which to secure legal advice. He reminds me that the applicant received the benefit of advice under the Minister's scheme, possibly 12 months ago and argues that if the applicant was really sincere about the need for legal advice he would have obtained it previously.
I have considered what the applicant has to say and weighed it against the inconvenience, both to the court and to the Minister, of adjourning these proceedings. The applicant has not instilled in me any confidence that legal advice will be speedily obtained or that this advice might lead to a successful application. In all the circumstances, I am not prepared to grant the adjournment and must ask the applicant to proceed on the basis that he shall run his case himself.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
0
0