SZJHC v Minister for Immigration and Citizenship [2008] FCA 312

The appeal was dismissed under s 25(2B)(bb)(ii) because the appellant did not attend when the case was called on and affidavit evidence made it plain that the appellant had left Australia.

Jurisdiction: Australia
Judgment Date: 07 March 2008
Procedural Posture: Appeal From the Federal Magistrates Court of Australia / Ex Tempore Reasons for Judgment
Outcome: Appeal dismissed.
Legal Topics: ['refugee Review' 'dismissal of Appeal for Non Attendance']

['migration Law' 'administrative Law'] ['refugee Review' 'dismissal of Appeal for Non Attendance']

Case Brief

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Procedural Posture

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

Legal Issues

1 ["Whether the appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act because of the appellant's non-attendance and evidence that the appellant had left Australia."]

Ratio Decidendi

The appeal was dismissed under s 25(2B)(bb)(ii) because the appellant did not attend when the case was called on and affidavit evidence made it plain that the appellant had left Australia.

Court Disposition

Appeal dismissed.

Orders

['The Appeal be dismissed.' "The Appellant pay the First Respondent's costs of, and incidental, to this application to be taxed, if not agreed."]