SZKRJ v Minister for Immigration and Citizenship [2008] FCA 271

SZKRJ v Minister for Immigration and Citizenship [2008] FCA 271

The Appellant did not attend when the matter was called for hearing, did not respond when the matter was called three times at the door of the court, and had filed no written submissions; in those circumstances the appropriate course was to dismiss the appeal under the statute for failure to attend.

Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Ex Tempore Reasons for Judgment
Outcome
Appeal dismissed on the basis of non-attendance; Appellant ordered to pay the First Respondent's costs of and incidental to the appeal, to be taxed if not agreed.
Legal Topics
['appeal' 'non Attendance' 'dismissal for Failure to Attend' 'costs']
['immigration' 'administrative Law' 'civil Procedure'] ['appeal' 'non Attendance' 'dismissal for Failure to Attend' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the Appellant failed to attend the hearing.' 'Whether the Court should proceed under Order 52 rule 38A of the Federal Court Rules or under s 25(2B)(BB)(ii) of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The Appellant did not attend when the matter was called for hearing, did not respond when the matter was called three times at the door of the court, and had filed no written submissions; in those circumstances the appropriate course was to dismiss the appeal under the statute for failure to attend.

Court Disposition

Appeal dismissed on the basis of non-attendance; Appellant ordered to pay the First Respondent's costs of and incidental to the appeal, to be taxed if not agreed.

Orders

  • ['The appeal be dismissed on the basis of non-attendance.' "The Appellant pay the First Respondent's costs of, and incidental to the appeal, to be taxed if not agreed."]