FEDERAL COURT OF AUSTRALIA

Bondartchouk v Minister for Immigration & Multicultural Affairs [2000] FCA 895

OLEG BONDARTCHOUK v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 137 OF 2000

JUDGE:          WHITLAM J

DATE:            4 MAY 2000

PLACE:          SYDNEY

THE COURT ORDERS THAT:

1.                  The application is dismissed.

2.                  The applicant pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     This is a proceeding under Part 8 of the Migration Act 1958.  It relates to a decision of the Refugee Review Tribunal made on 27 January 2000.

2                     When the proceeding was called on for hearing this morning, the applicant did not appear.  Counsel for the respondent informed me that his instructing solicitor, Matthew Grey, had two telephone conversations with the applicant.  Yesterday the applicant told Mr Grey that he was ill and wanted an adjournment of today’s hearing.  Mr Grey suggested he obtain a medical certificate.  Today the applicant told Mr Grey that he cannot afford to go to a doctor and that he was too ill to come to Court.

3                     Counsel for the respondent opposes an adjournment because there is no medical certificate.  Instead, he seeks an order dismissing the proceeding under O 32 r 2(1)(c) of the Federal Court Rules. 

4                     I am not satisfied that the applicant is unable to attend today on account of illness.  Accordingly, there is no basis for an adjournment, and the application will be dismissed with costs.

Associate:

Dated:              4 May 2000

No appearance by or on behalf of the applicant.