Naveed v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1332

Federal Court of Australia

Naveed v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1332 Appeal from: Naveed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 1847

File number(s): WAD 210 of 2020

Judgment of: PERRY J

Date of judgment: 1 November 2023

Catchwords: PRACTICE AND PROCEDURE – application for an adjournment – where applicant claims he is unable to attend hearing due to mental health illness – where no medical evidence in support of application, despite repeated opportunities and adjournments to provide such evidence –application refused MIGRATION – application for an extension of time to appeal from (then) Federal Circuit Court decision dismissing an application for judicial review – where merits of proposed appeal lack sufficient merit to warrant the grant of an extension of time – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M(1) Migration Act 1958 (Cth) s 116 Federal Court Rules 2011 (Cth) rr 1.34; 36.05; 40.43; Schedule 3 item 15.2

Cases cited: BAX16 v Minister for Immigration and Border Protection [2018] FCA 181 Bechara v Bates [2018] FCA 460 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 ELR18 v Minister for Home Affairs [2019] FCA 1583 GR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 657 House v The King [1936] HCA 40; (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Katoa v Minister for Immigration [2022] HCA 28; (2022) 96 ALJR 819 Naveed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 1847 Peczalski v Comcare [1999] FCA 366; (1999) 58 ALD 697