Applicant S248 of 2002 v Refugee Review Tribunal [2003] FCA 1198

Due to the applicant's failure to appear at the scheduled hearing despite having been given notice, and in exercise of the powers under O 10 r 3(2), the proceeding was summarily dismissed.

Jurisdiction: Australia
Judgment Date: 06 June 2003
Procedural Posture: Judicial Review / Summary Dismissal Order
Outcome: application dismissed
Legal Topics: ['summary Dismissal' 'procedural Fairness' "applicant's Non Appearance"]

['administrative Law' 'immigration Law'] ['summary Dismissal' 'procedural Fairness' "applicant's Non Appearance"]

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Procedural Posture

Judicial Review / Summary Dismissal Order

Legal Issues

1 ["Should the proceeding be summarily dismissed due to the applicant's failure to appear?" 'Was the applicant given sufficient notice of hearing?']

Ratio Decidendi

Due to the applicant's failure to appear at the scheduled hearing despite having been given notice, and in exercise of the powers under O 10 r 3(2), the proceeding was summarily dismissed.

Court Disposition

application dismissed

Orders

['the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules' "the applicant pay the second respondent's costs" 'the second respondent notify the applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules']