SZCEX v Minister for Immigration & Multicultural Affairs [2006] FCA 1010

SZCEX v Minister for Immigration & Multicultural Affairs [2006] FCA 1010

The applicants failed to attend the hearing, and the Court was satisfied that both applicants were aware of the hearing from the Court's letter dated 29 June 2006. The application was therefore dismissed for want of appearance, with fixed costs, and the applicants were ordered not to file further proceedings challenging the specified Refugee Review Tribunal and delegate decisions without leave of a Judge.

Jurisdiction
Australia
Judgment Date
11 July 2006
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Hearing on 11 July 2006; Application Dismissed for Want of Appearance
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Decision' 'dismissal for Want of Appearance' 'costs' 'restriction on Further Proceedings Without Leave']
['migration Law' 'federal Court Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal Decision' 'dismissal for Want of Appearance' 'costs' 'restriction on Further Proceedings Without Leave']

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Hearing on 11 July 2006; Application Dismissed for Want of Appearance

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed where the applicants failed to attend the hearing.' 'Whether the applicants should be restrained from filing further proceedings in this Court challenging the same Refugee Review Tribunal and delegate decisions without leave of a Judge.']

Ratio Decidendi

The applicants failed to attend the hearing, and the Court was satisfied that both applicants were aware of the hearing from the Court's letter dated 29 June 2006. The application was therefore dismissed for want of appearance, with fixed costs, and the applicants were ordered not to file further proceedings challenging the specified Refugee Review Tribunal and delegate decisions without leave of a Judge.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.' 'Costs be fixed in the sum of $1,200.' 'The applicant not file any further proceeding in this court seeking to challenge the decision of the Refugee Review Tribunal made on 27 November 2003 and handed down on 20 November 2003 or the decision of the...