NADQ v Minister for Immigration & Multicultural & Indigenous Affairs

REASONS FOR DECISION 1 When the matter was called on for hearing today the applicant sought an adjournment of the hearing of the case. He said from the bar table that he has instructed a firm of solicitors in Queensland to represent him but that they were unable to attend Court today. The matter was last before me on 25 March 2002 when the matter was fixed for hearing today. On that occasion, the applicant said that he wished to have the matter adjourned. I adjourned the matter on that occasion to today and indicated that the matter would definitely be heard today. 2 In the absence of any explanation as to why the applicant is not ready to proceed today other than that his solicitor needed some more time, I do not consider that this is an appropriate case for an adjournment. The matter was commenced on 24 December 2001 and the applicant has had ample time to arrange representation. He says from the bar table that he was given some assistance under the pro bono scheme but that shortly before the last date for hearing he was told that those engaged under the pro bono scheme would not represent him. One may be able to draw some inference in relation to that but I will not decide the case on that basis. 3 I have read the reasons of the Tribunal. The notice of appeal does not raise any question of law and does not, on its face, suggest any ground that is likely to have a substantial prospect of success. In the circumstances, I consider that it is appropriate to deal with the matter today. Accordingly, I reject the application for an adjournment. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondent: Australian Government Solicitor