SZNNY v Minister for Immigration and Citizenship [2009] FCA 1275

SZNNY v Minister for Immigration and Citizenship [2009] FCA 1275

The appeal was dismissed because the appellants failed to appear at the hearing after being properly notified, and no sufficient reason for adjournment was provided.

Parties
First Appellant: SZNNY; Second Appellant: SZNNZ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
03 November 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Refugee Status, Protection Visa, Procedural Fairness, Dismissal for Non Appearance
Migration Refugee Status Protection Visa Procedural Fairness Dismissal for Non Appearance

Case Brief

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Parties

SZNNY

First Appellant

SZNNZ

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 for non-appearance of the appellants
  2. 2 Whether the Tribunal's and Federal Magistrate's decisions were affected by jurisdictional error

Ratio Decidendi

The appeal was dismissed because the appellants failed to appear at the hearing after being properly notified, and no sufficient reason for adjournment was provided.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent Minister's costs of the appeal.