MZWNG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 502

MZWNG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 502

The appellant failed to appear when the matter was called on in the Federal Court on 27 April 2005, so the appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with costs fixed at $1,500.00.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal Hearing in the Federal Court; Appellant Failed to Appear
Outcome
Appeal dismissed for non-attendance; appellant ordered to pay the respondent's costs fixed at $1,500.00.
Legal Topics
['failure to Attend Hearing' 'dismissal for Non Appearance' 'appeal From Federal Magistrates Court' 'objection to Competency' 'leave to Appeal From Interlocutory Judgment']
['migration' 'administrative Law' 'civil Procedure'] ['failure to Attend Hearing' 'dismissal for Non Appearance' 'appeal From Federal Magistrates Court' 'objection to Competency' 'leave to Appeal From Interlocutory Judgment']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Hearing in the Federal Court; Appellant Failed to Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to appear when the matter was called on.' "Whether the appeal was competent where the respondent objected that the Federal Magistrate's decision was interlocutory and leave to appeal had not been sought or obtained."]

Ratio Decidendi

The appellant failed to appear when the matter was called on in the Federal Court on 27 April 2005, so the appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with costs fixed at $1,500.00.

Court Disposition

Appeal dismissed for non-attendance; appellant ordered to pay the respondent's costs fixed at $1,500.00.

Orders

  • ['The appeal be dismissed.' "The appellant to pay the respondent's costs, fixed in the amount of $1,500.00"]