Javed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In *Javed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*, Humphreys J of the Federal Court of Australia considered an application by the applicants, who sought an adjournment of proceedings. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the first respondent. The core of the dispute revolved around the first applicant's alleged inability to attend court and the sufficiency of the excuse provided for this absence.

The primary legal issue before the Court was whether to grant a further adjournment of the proceedings. This required the Court to assess the applicants' awareness of the requirements for such an adjournment and the credibility of the excuse offered for the first applicant's non-attendance. The Court also had to determine whether it was appropriate to proceed with the matter in the absence of the first applicant, based on the material before it.

Humphreys J found that the applicants were aware of the necessary material to support an adjournment request. The Court was not satisfied with the excuse provided for the first applicant's inability to attend, inferring an unwillingness on the part of the applicant to have the matter dealt with by the Court. The Court considered that it had provided ample opportunity for the applicants to have their matter heard. Consequently, the Court dismissed the application pursuant to rule 13.03C(1)(c) of the Rules and ordered the applicants to jointly and severally pay the first respondent's costs, fixed at $7467. The Court noted the respondent's generosity in not seeking costs above scale, despite the matter being listed on multiple occasions.