SZNPW v Minister for Immigration and Citizenship [2009] FCA 1269

SZNPW v Minister for Immigration and Citizenship [2009] FCA 1269

The appeal was dismissed because the appellants did not appear at the hearing and had no reasonable basis to believe it was adjourned.

Parties
First Appellant: SZNPW; Second Appellant: SZNPX; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Migration, Non Appearance, Dismissal Procedures
Administrative Law Judicial Review Migration Non Appearance Dismissal Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

SZNPW

First Appellant

SZNPX

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed due to non-appearance of appellants.

Ratio Decidendi

The appeal was dismissed because the appellants did not appear at the hearing and had no reasonable basis to believe it was adjourned.

Court Disposition

Appeal dismissed

Orders

  • The appeal from the orders of Federal Magistrate Scarlett of 28 July 2009 be dismissed.
  • The appellants to pay the first respondent's costs.