Kumar and Anor v Minister For Immigration and Anor (No.2)

[2020] FCCA 2356

FEDERAL CIRCUIT COURT OF AUSTRALIA

KUMAR & ANOR v MINISTER FOR IMMIGRATION & ANOR (No.2) [2020] FCCA 2356

Catchwords:
PRACTICE AND PROCEDURE – Application for an adjournment – no reasonable basis advanced by the applicant for adjournment – application refused.

First Applicant: ANIL KUMAR

Second Applicant: ANJALI BANSAL

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 424 of 2017

Judgment of: Judge Egan

Hearing date: 19 August 2020

Date of Last Submission: 19 August 2020

Delivered at: Brisbane

Delivered on: 19 August 2020

REPRESENTATION

First Applicant: In person

Counsel for the Respondent: Mills Oakley Lawyers

Second Respondent: Submitting appearance save as to costs

ORDERS

1. The applicants’ oral application for an adjournment be refused.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

No. MLG 424 of 2017

ANIL KUMAR

First Applicant

ANJALI BANSAL

Second Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, an originating application for review was filed on 2 March 2017 which is some three and a half years ago.  Mr Kumar has had ample time to obtain legal representation, certainly well before the onset of the COVID-19 pandemic.

2. No reasonable basis has been given by Mr Kumar for an adjournment of this hearing.  He has put no documentation before the Court, and the Court is not satisfied that there are valid grounds for any such adjournment. 

3. In those circumstances, the Court refuses the applicant’s application for an adjournment.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Egan

Associate: 

Date: 27 August 2020