Background
CPK18 appealed a Federal Circuit and Family Court of Australia (Division 2) judgment dismissing his application for judicial review under s 476 of the Migration Act 1958 (Cth). That application challenged an Administrative Appeals Tribunal decision affirming the refusal of a protection (subclass 866) visa.
The self-represented appellant sought to adjourn the appeal hearing because of wrist and forearm pain from an earlier injury, and the alleged effects of prescribed medication. He supplied medical certificates, a prescription, an x-ray referral, and photographs and x-rays. The Minister opposed an adjournment, contending that the medical material did not show the appellant could not attend or participate.
The Court’s Holding
Anderson J held that there was no proper basis to adjourn the hearing. The medical certificates stated that the appellant was unfit for his usual occupation or school, but did not identify a good or compelling reason why he could not attend or participate in the court hearing. The other materials did not cure that deficiency.
The appellant had been told that the adjournment application would be heard on 3 August 2026 and that, if refused, the appeal would proceed that day. He did not appear when the matter was called. The Court therefore dismissed the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) and ordered him to pay the Minister’s costs, to be assessed by a registrar on a lump-sum basis.
Key Takeaways
- A medical certificate must address a litigant’s capacity to attend or participate in the particular hearing; a statement of incapacity for usual work or school may be inadequate.
- Supporting prescriptions, referrals, photographs, and x-rays require an explained connection to the adjournment sought.
- An appeal may be dismissed when an appellant fails to attend after an adjournment request has been refused.
Why It Matters
The decision illustrates the evidentiary standard for last-minute health-based adjournment applications in the Federal Court. A party seeking an adjournment must provide material that specifically establishes why the medical condition prevents meaningful participation in the listed proceeding.