Singh v Minister for Immigration and Border Protection [2016] FCA 620

Singh v Minister for Immigration and Border Protection [2016] FCA 620

The applicant had been given ample opportunity to attend court or provide a medical certificate explaining what was wrong with him and why it prevented attendance. The certificate filed on 30 May 2016 did not comply with the Court's order and did not explain whether and why the applicant's condition prevented him from travelling to court and participating effectively in the hearing. The adjournment was refused. Because the applicant did not appear when the application was called, there was a basis under r 35.33(1)(a)(i) of the Federal Court Rules 2011 to dismiss the application for extension of time and leave to appeal.

Jurisdiction
Australia
Judgment Date
30 May 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court of Australia in a Migration Judicial Review Matter / Hearing of Application; Applicant Absent; Application for Adjournment Refused and Application Dismissed
Outcome
Application for adjournment refused; application for extension of time and leave to appeal dismissed; applicant ordered to pay the Minister's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'adjournment' 'medical Certificate' 'summary Dismissal' 'non Appearance']
['practice and Procedure' 'administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'adjournment' 'medical Certificate' 'summary Dismissal' 'non Appearance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court of Australia in a Migration Judicial Review Matter / Hearing of Application; Applicant Absent; Application for Adjournment Refused and Application Dismissed

Legal Issues

  1. 1 ["Whether the applicant's medical certificate was sufficient to warrant a further adjournment of the hearing." "Whether, in the applicant's absence, the application for extension of time and leave to appeal should be dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011." 'Whether the proposed appeal had any prospects of success.']

Ratio Decidendi

The applicant had been given ample opportunity to attend court or provide a medical certificate explaining what was wrong with him and why it prevented attendance. The certificate filed on 30 May 2016 did not comply with the Court's order and did not explain whether and why the applicant's condition prevented him from travelling to court and participating effectively in the hearing. The adjournment was refused. Because the applicant did not appear when the application was called, there was a basis under r 35.33(1)(a)(i) of the Federal Court Rules 2011 to dismiss the application for extension of time and leave to appeal.

Court Disposition

Application for adjournment refused; application for extension of time and leave to appeal dismissed; applicant ordered to pay the Minister's costs.

Orders

  • ['Pursuant to Rule 35.33(1)(a)(i) of the Federal Court Rules 2011 the application for extension of time and leave to appeal filed on 23 November 2015 be dismissed.' "The applicant pay the first respondent's costs of the application for extension of time and leave to appeal and the first respondent's costs of his...