MZZWB v Minister for Immigration and Border Protection [2014] FCA 1346

The appeal was dismissed as the appellants failed to appear having been sufficiently notified of the hearing date by multiple means; it is sufficiently probable that notice was received, satisfying the requirements for dismissal under Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i).

Parties: First Appellant: MZZWB; Second Appellant: MZZWC; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 27 November 2014
Procedural Posture: Appeal / Judgment on Appeal; Consideration of Dismissal for Non Appearance
Outcome: Appeal dismissed for non-appearance with notice.
Legal Topics: Protection Visa, Notice of Hearing, Dismissal for Non Appearance

Administrative Law Immigration Law Protection Visa Notice of Hearing Dismissal for Non Appearance

Case Brief

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Parties

MZZWB

First Appellant

MZZWC

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal; Consideration of Dismissal for Non Appearance

Legal Issues

1 Whether the appeal should be dismissed for lack of appearance by appellants and the sufficiency of notice of hearing

Ratio Decidendi

Court Disposition

Appeal dismissed for non-appearance with notice.

Orders

The appeal is dismissed pursuant to Rule 36.75 of the Federal Court Rules 2011 (Cth).
The appellants pay the first respondent's costs of the appeal.