Minister for Immigration and Citizenship v Li

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, BELL AND GAGELER JJMINISTER FOR IMMIGRATION AND CITIZENSHIP  APPELLANTANDXIUJUAN LI & ANOR  RESPONDENTSMinister for Immigration and Citizenship v Li[2013] HCA 188 May 2013B68/2012ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationJ T Gleeson SC, Acting Solicitor-General of the Commonwealth with G R Kennett SC and A L Wheatley for the appellant (instructed by Clayton Utz Lawyers)L Boccabella with W J Markwell for the first respondent (instructed by AJ Torbey & Associates)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Citizenship v Li 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).FRENCH CJ.IntroductionFor the purpose of exercising its function of reviewing certain visa refusal decisions under the Migration Act 1958 (Cth) ("the Act"), the Migration Review Tribunal ("the MRT") is given a...