Applicant S1152/2003 v Minister for Immigration and Citizenship [2007] FCA 1472

Applicant S1152/2003 v Minister for Immigration and Citizenship [2007] FCA 1472

The Court was satisfied that the applicant was aware the matter was listed for hearing, but the applicant did not appear; the application for leave to appeal was therefore dismissed and costs were ordered against the applicant.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application for leave to appeal dismissed.
Legal Topics
['refugee Review Tribunal' 'leave to Appeal' 'non Appearance at Hearing' 'costs']
['migration Law' 'administrative Law'] ['refugee Review Tribunal' 'leave to Appeal' 'non Appearance at Hearing' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether the purported notice of appeal should be treated as an application for leave to appeal.' 'Whether the application should be dismissed because the applicant did not appear at the hearing.']

Ratio Decidendi

The Court was satisfied that the applicant was aware the matter was listed for hearing, but the applicant did not appear; the application for leave to appeal was therefore dismissed and costs were ordered against the applicant.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1200."]