Singla v Minister for Home Affairs

[2019] FCCA 2852

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGLA v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2852

Catchwords:
MIGRATION – Adjournment application by mother of applicant in the absence of the applicant – tender of medical certificate – exercise of discretion – adjournment application granted.

Applicant: ABHINAV SINGLA

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 340 of 2019

Judgment of: Judge Egan

Hearing date: 24 September 2019

Date of Last Submission: 24 September 2019

Delivered at: Brisbane

Delivered on: 24 September 2019

REPRESENTATION

Counsel for the Applicant: No appearance

Solicitors for the First Respondent: Ms K. Reid of Clayton Utz

IT IS ORDERED THAT:

1. The hearing of this matter be adjourned to 17 February 2020 at 9:30am in the Federal Circuit Court of Australia sitting at Brisbane.

2. Costs be reserved.

IT IS NOTED THAT:

A.A medical certificate was handed up by the mother of the Applicant and is marked as Exhibit 1 in these proceedings.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 340 of 2019

ABHINAV SINGLA

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing today at 9.30.  It is now 10.03 am.  When the matter was called, there was no appearance on behalf of the applicant.  However, a woman who identified herself as the mother of the applicant, namely, a person who identified herself as being named Shanu Singla, appeared at the bar table upon invitation, and proffered to the Court, and to Ms Reid who appeared on behalf of the first respondent, a medical certificate purporting to have been issued by one Dr David Hunt of the Holland Park General Practice, 1173 Logan Road, Holland Park.  The medical certificate is marked exhibit 1.  It purported to record that Dr Hunt had examined the applicant, and it was stated that, in the opinion of the doctor, the applicant was suffering from a medical condition and would be unfit for work from 23 September until 27 September 2019.

2. Ms Singla asked for an adjournment of the matter on behalf of her son.  The Court recognised that the medical certificate is deficient in a number of respects relating to its not specifying that the applicant was unfit to appear at Court or, indeed, specifying what medical condition he was allegedly suffering from.  Nevertheless, the Court is mindful of its responsibilities to enable parties to attend at any hearing.  In those circumstances, the Court is prepared to adjourn the matter to 17 February 2020.

3. In all the circumstances, therefore, the matter is adjourned for further hearing before this Court on 17 February 2020.  Costs are reserved.

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

Associate: 

Date:  8 October 2019