Aggarwal v Minister for Immigration and Border Protection [2017] FCA 156

Aggarwal v Minister for Immigration and Border Protection [2017] FCA 156

Because the medical certificate was very brief, did not address the applicant's capacity to attend Court for the hearing, and the applicant had been informed that he needed to attend in person to make any adjournment application but did not attend, it was appropriate to accede to the Minister's application for judgment in default of appearance pursuant to r 35.33 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
22 February 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing of Application; Judgment in Default of Appearance
Outcome
The application for an extension of time and leave to appeal was dismissed, with costs to the first respondent.
Legal Topics
['extension of Time' 'leave to Appeal' 'adjournment Application' 'default of Appearance' 'medical Evidence']
['administrative Law' 'immigration' 'civil Procedure'] ['extension of Time' 'leave to Appeal' 'adjournment Application' 'default of Appearance' 'medical Evidence']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing of Application; Judgment in Default of Appearance

Legal Issues

  1. 1 ["Whether the applicant's email and medical certificate justified an adjournment or extension of time when the applicant did not attend the hearing." 'Whether judgment in default of appearance should be entered pursuant to r 35.33 of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

Because the medical certificate was very brief, did not address the applicant's capacity to attend Court for the hearing, and the applicant had been informed that he needed to attend in person to make any adjournment application but did not attend, it was appropriate to accede to the Minister's application for judgment in default of appearance pursuant to r 35.33 of the Federal Court Rules 2011 (Cth).

Court Disposition

The application for an extension of time and leave to appeal was dismissed, with costs to the first respondent.

Orders

  • ['The application for an extension of time and leave to appeal is dismissed.' 'The applicant pay the costs of the first respondent to be assessed if not agreed.']