Minister for Immigration & Citizenship v Li and Another


This is a seminal case on ‘unreasonableness’ and concerned the failure of the MRT to grant the review applicant an adjournment to allow further evidence of a skill assessment to be collected.  The case demonstrates that time of decision criteria can be met by further evidence at the MRT stage.  Further there is an obligation on the MRT to wait a reasonable time if further evidence is pending but not immediately available at time of hearing.

Barbara Davidson