Gulati v Minister for Immigration and Border Protection [2017] FCA 255

FEDERAL COURT OF AUSTRALIA

Gulati v Minister for Immigration and Border Protection [2017] FCA 255 Appeal from: Application for extension of time to file a notice of appeal: Gulati v Minister for Immigration and Border Protection [2016] FCCA 2263

File number: NSD 1356 of 2016

Judge: BROMWICH J

Date of judgment: 15 March 2017

Catchwords: MIGRATION – application for an extension of time and leave to appeal – where decision of primary judge final and not interlocutory – application treated as an application for an extension of time to file a notice of appeal – no grounds of appeal raised – primary judge correct in finding no jurisdiction in the tribunal – extension of time refused PRACTICE AND PROCEDURE – medical evidence required to secure the adjournment of the hearing of an application for an extension of time to file a notice of appeal – formulaic medical certificate will not usually suffice – need for evidence on oath of a medical practitioner – where proposed appeal cannot succeed

Legislation: Migration Act 1958 (Cth), ss 140GB, 338(2) Federal Court Rules 2011 (Cth), r 36.03 Migration Regulations 1994 (Cth), Sch 2, cl 473.223(4)

Cases cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Ahmad v Minister for Immigration and Border Protection [2015] FCAFC 182; (2015) 237 FCR 365 Kennedy v Secretary, Department of Industry (No 3) [2016] FCAFC 149 Lee v Minister for Immigration and Border Protection [2016] FCA 294 Minister for Immigration and Border Protection v Lee [2014] FCCA 2881 Sharma v Minister for Immigration and Border Protection [2015] FCAFC 180 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86