Ahmad v Minister for Immigration and Border Protection [2018] FCAFC 199

FEDERAL COURT OF AUSTRALIA

Ahmad v Minister for Immigration and Border Protection [2018] FCAFC 199 Appeal from: Application for adjournment of appeal: Ahmad v Minister for Immigration & Anor [2018] FCCA 1177

File number: NSD 703 of 2018

Judges: RARES, DAVIES AND BROMWICH JJ

Date of judgment: 12 November 2018

Catchwords: PRACTICE AND PROCEDURE – application for adjournment of appeal inferred from email sent late the night before appeal hearing – lateness of application – no medical evidence provided – held: application dismissed

Cases cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Gulati v Minister for Immigration and Border Protection [2017] FCA 255

Date of hearing: 12 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: The Applicant did not appear

Counsel for the First Respondent: Mr B D Kaplan

Solicitor for the First Respondent: Clayton Utz

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS NSD 703 of 2018

BETWEEN: KHALIL AHMAD Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGES: RARES, DAVIES AND BROMWICH JJ DATE OF ORDER: 12 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The informal application for an adjournment made by the appellant be refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.