CLU16 v Minister for Home Affairs [2019] FCA 147

The application for an extension of time was dismissed due to the applicant's failure to attend the hearing and the inadequacy and lateness of the medical evidence supporting the adjournment; there was no proper basis to grant the adjournment or the application for extension of time.

Jurisdiction: Australia
Judgment Date: 04 February 2019
Procedural Posture: Application for Extension of Time (appeal) / Hearing of Application for Extension of Time; Orders on Dismissal and Costs
Outcome: Application dismissed with costs
Legal Topics: ['extension of Time' 'adjournment of Hearing' 'federal Circuit Court Procedure' 'requirement for Reasons for Judgment']

['migration Law' 'practice and Procedure' 'administrative Law'] ['extension of Time' 'adjournment of Hearing' 'federal Circuit Court Procedure' 'requirement for Reasons for Judgment']

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Procedural Posture

Application for Extension of Time (appeal) / Hearing of Application for Extension of Time; Orders on Dismissal and Costs

Legal Issues

1 ['Whether the applicant had shown proper grounds for an extension of time to appeal from Federal Circuit Court orders refusing relief against Administrative Appeals Tribunal decision' 'Whether a late and insufficient medical certificate justified an adjournment of the hearing' 'Whether Federal Circuit Court judge could deliver reasons 21 days after making final orders without expressly reserving reasons']

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,756."]