MZWIK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 185

FEDERAL COURT OF AUSTRALIA

MZWIK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 185 Brown v Fraser (1896) 22 VLR 22 cited Crotty v Clarke (1896) 22 VLR 594 cited Adams v Cronin (Victorian Court of Appeal, 6 September 1996) cited MZWIK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V44 of 2005 SUNDBERG J 10 FEBRUARY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V44 OF 2005

BETWEEN: MZWIK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 10 FEBRUARY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Any application for an adjournment be dismissed. 2. Leave to appeal be refused. 3. An extension of time in which to file and serve a notice of appeal be refused. 4. The applicant pay the respondent's costs of the applications.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V44 OF 2005

BETWEEN: MZWIK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE: 10 FEBRUARY 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Before I came into court this morning my associate handed me a document that had been faxed to the court by the applicant. It said: "This letter is to inform you that I will not be able to attend the hearing of the Federal Court of Australia today (Thursday, 10 February 2005) at 2.15 pm as I am unwell. Attached is a medical certificate."

The attached medical certificate simply says that:

"The applicant attended this clinic because of a 'medical condition'. I concluded by reason of this condition that he is unable to attend work from 10 February to 11 February."