VSAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 954

VSAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 954

The appeal was dismissed in default of the appellants' appearance as permitted by s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with future reinstatement available upon sufficient cause.

Source-derived case information.

Parties
First Appellant: VSAD; Second Appellant: VSAE; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
06 June 2005
Procedural Posture
Appeal / Hearing and Final Judgment
Outcome
appeal dismissed
Legal Topics
Protection Visa, Appeal Dismissal, Procedural Fairness
Immigration Law Protection Visa Appeal Dismissal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

VSAD

First Appellant

VSAE

Second Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Hearing and Final Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed in default of the appellants' appearance
  2. 2 Appropriate procedure for dismissal in absence of appellants

Ratio Decidendi

The appeal was dismissed in default of the appellants' appearance as permitted by s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with future reinstatement available upon sufficient cause.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs of and incidental to the appeal.