Kaur v Minister for Immigration and Border Protection [2017] FCA 624

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2017] FCA 624 Appeal from: Kaur & Ors v Minister for Immigration & Anor [2016] FCCA 1030

File number: VID 405 of 2016

Judge: DAVIES J

Date of judgment: 26 May 2017

Catchwords: MIGRATION – appeal from the decision of the Federal Circuit Court to dismiss the application for review of the decision of the Migration Review Tribunal – application for an adjournment of the hearing of the appeal for medical reasons – application refused

Legislation: Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)(ii) Federal Court Rules 2011 (Cth), r 36.75

Date of hearing: 26 May 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Appellants: The Appellants did not appear

Counsel for the First Respondent: N Wood

Solicitor for the First Respondent: DLA Piper Australia

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

ORDERS VID 405 of 2016

BETWEEN: KANWALJIT KAUR First Appellant

GURPREET SINGH Second Appellant

RUHAN CHAHAL Third Appellant

AND: MINISTER FOR IMMIGRATION & BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 26 may 2017

THE COURT ORDERS THAT:

1. The Appellants' application for an adjournment be refused. 2. Pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and rule 36.75 of the Federal Court Rules 2011, the appeal be dismissed. 3. The Appellants pay the First Respondent's costs of the appeal, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.