High Court of Australia

Minister for Immigration and Citizenship v Li [2013] HCA 18

249 CLR 332; 87 ALJR 618; 297 ALR 225

8 May 2013

Case Number: B68/2012


French CJ, Hayne, Kiefel, Bell, Gageler JJ


Immigration – Migration Review Tribunal – Review of decisions – Visa applicant sought review by Migration Review Tribunal ("Tribunal") of decision of Minister's delegate to refuse skilled residence visa – Section 363(1)(b) of Migration Act 1958 (Cth) gives Tribunal power to adjourn review of decision – Visa applicant requested Tribunal adjourn review until the outcome of a review of her skills assessment was finalised – Whether Tribunal's refusal to adjourn was unreasonable or plainly unjust.

Words and phrases – "fair and just", "fair, just, economical, informal and quick", "jurisdictional error", "unreasonable or plainly unjust", "unreasonableness", "Wednesbury unreasonableness".

Constitution – s 75(v).

Migration Act 1958 (Cth) – ss 349(1), 353, 357A, 360(1), 363(1)(b).

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