Patel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1135

Patel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1135

The appellants' medical material did not provide a sufficient basis to adjourn the Microsoft Teams hearing: the hearing would not involve loud noises, the reference to electronic devices did not self-evidently include listening to voices in a Microsoft Teams hearing, any concern about headphones could be addressed by using built-in computer speakers and microphones, headaches affecting concentration were insufficient, and Mrs Patel's high blood pressure was insufficient. The appellants had adequate notice that the adjournment application would be dealt with at the hearing. Having refused the adjournment and because the appellants were absent when the appeal was called on for hearing, the...

Jurisdiction
Australia
Judgment Date
20 September 2021
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Review of an Administrative Appeals Tribunal Decision / Appeal Hearing; Appellants Absent; Dismissal Under R 36.75 of the Federal Court Rules 2011 (cth)
Outcome
Appeal dismissed under r 36.75 of the Federal Court Rules 2011 (Cth).
Legal Topics
['absence of Appellant at Appeal Hearing' 'adjournment Application' 'dismissal of Appeal Under R 36.75 of the Federal Court Rules 2011 (cth)' 'student (temporary) (class Tu) (subclass 500) Visa Refusal']
['migration' 'administrative Law' 'civil Procedure'] ['absence of Appellant at Appeal Hearing' 'adjournment Application' 'dismissal of Appeal Under R 36.75 of the Federal Court Rules 2011 (cth)' 'student (temporary) (class Tu) (subclass 500) Visa Refusal']

Case Brief

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Review of an Administrative Appeals Tribunal Decision / Appeal Hearing; Appellants Absent; Dismissal Under R 36.75 of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ["Whether the appellants' emails and medical certificates justified adjourning the appeal hearing." 'Whether, after refusing the adjournment and the appellants being absent when the appeal was called on for hearing, the appeal should be dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The appellants' medical material did not provide a sufficient basis to adjourn the Microsoft Teams hearing: the hearing would not involve loud noises, the reference to electronic devices did not self-evidently include listening to voices in a Microsoft Teams hearing, any concern about headphones could be addressed by using built-in computer speakers and microphones, headaches affecting concentration were insufficient, and Mrs Patel's high blood pressure was insufficient. The appellants had adequate notice that the adjournment application would be dealt with at the hearing. Having refused the adjournment and because the appellants were absent when the appeal was called on for hearing, the...

Court Disposition

Appeal dismissed under r 36.75 of the Federal Court Rules 2011 (Cth).

Orders

  • ['The appeal is dismissed under r 36.75 of the Federal Court Rules 2011 (Cth).' "The Appellants pay the First Respondent's costs as agreed, taxed or assessed."]