SZKNY v Minister for Immigration and Citizenship [2007] FCA 1682

SZKNY v Minister for Immigration and Citizenship [2007] FCA 1682

Because there was no appearance by the appellants after the matter was called, stood down, registry enquiries were made, a telephone number was called, and the matter was called again, the Court dismissed the application pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal From Orders of the Federal Magistrates Court of Australia Dismissing an Application / Application Dismissed After No Appearance by the Appellants
Outcome
Application dismissed; applicants ordered to pay the first respondent's costs.
Legal Topics
['refugee Review Tribunal' 'dismissal for Non Appearance' 'appeal From Federal Magistrates Court']
['migration Law' 'federal Civil Procedure'] ['refugee Review Tribunal' 'dismissal for Non Appearance' 'appeal From Federal Magistrates Court']

Case Brief

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Procedural Posture

Appeal From Orders of the Federal Magistrates Court of Australia Dismissing an Application / Application Dismissed After No Appearance by the Appellants

Legal Issues

  1. 1 ['Whether the application should be dismissed when the appellants did not appear after the matter was called, stood down, and called again.']

Ratio Decidendi

Because there was no appearance by the appellants after the matter was called, stood down, registry enquiries were made, a telephone number was called, and the matter was called again, the Court dismissed the application pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed; applicants ordered to pay the first respondent's costs.

Orders

  • ['Pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the application be dismissed.' "The applicants pay the first respondent's costs of the application." 'The first respondent send within seven days, to the last known address of the applicants a letter identifying the orders made...