Bondartchouk v Minister for Immigration & Multicultural Affairs [2000] FCA 895
The applicant failed to provide adequate evidence of inability to attend due to illness, and thus there was no basis for an adjournment; accordingly, the proceedings were dismissed with costs.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 04 May 2000
- Procedural Posture
- Application for Judicial Review / Hearing and Determination
- Outcome
- application dismissed with costs
- Legal Topics
- ['application Dismissal' 'adjournment Refusal' 'procedural Fairness']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Application for Judicial Review / Hearing and Determination
Legal Issues
- 1 ["Whether the proceeding should be adjourned due to the applicant's illness" 'Whether the proceeding should be dismissed in the absence of the applicant']
Ratio Decidendi
The applicant failed to provide adequate evidence of inability to attend due to illness, and thus there was no basis for an adjournment; accordingly, the proceedings were dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- ['The application is dismissed.' "The applicant pay the respondent's costs."]
Full Case Text
Judgment text and source record
30 paragraphs
FEDERAL COURT OF AUSTRALIA
Bondartchouk v Minister for Immigration & Multicultural Affairs [2000] FCA 895
OLEG BONDARTCHOUK v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 137 OF 2000 JUDGE: WHITLAM J DATE: 4 MAY 2000 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 137 OF 2000
BETWEEN: OLEG BONDARTCHOUK
APPLICANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 4 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 137 OF 2000
BETWEEN: OLEG BONDARTCHOUK
APPLICANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE: 4 MAY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is a proceeding under Part 8 of the Migration Act 1958. It relates to a decision of the Refugee Review Tribunal made on 27 January 2000. 2 When the proceeding was called on for hearing this morning, the applicant did not appear. Counsel for the respondent informed me that his instructing solicitor, Matthew Grey, had two telephone conversations with the applicant. Yesterday the applicant told Mr Grey that he was ill and wanted an adjournment of today's hearing. Mr Grey suggested he obtain a medical certificate. Today the applicant told Mr Grey that he cannot afford to go to a doctor and that he was too ill to come to Court. 3 Counsel for the respondent opposes an adjournment because there is no medical certificate. Instead, he seeks an order dismissing the proceeding under O 32 r 2(1)(c) of the Federal Court Rules. 4 I am not satisfied that the applicant is unable to attend today on account of illness. Accordingly, there is no basis for an adjournment, and the application will be dismissed with costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam.
Associate: Dated: 4 May 2000 No appearance by or on behalf of the applicant.
Counsel for the respondent: S B Lloyd
Solicitor for the respondent: Australian Government Solicitor
Date of hearing: 4 May 2000
Date of judgment: 4 May 2000