MZZWL v Minister for Immigration and Border Protection [2015] FCA 73

MZZWL v Minister for Immigration and Border Protection [2015] FCA 73

The appeal should be dismissed because the appellant failed to attend the hearing, and in the interests of justice, dismissal is appropriate according to guidance in Al Mamun v Minister for Immigration and Citizenship and relevant statutory power.

Jurisdiction
Australia
Judgment Date
11 February 2015
Procedural Posture
Appeal / Judgment Following Hearing (appellant's Non Appearance)
Outcome
Appeal dismissed for want of appearance by appellant. Appellant to pay costs of the first respondent.
Legal Topics
['dismissal for Want of Appearance' 'judicial Review of Migration Decisions']
['practice and Procedure'] ['dismissal for Want of Appearance' 'judicial Review of Migration Decisions']

Case Brief

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Procedural Posture

Appeal / Judgment Following Hearing (appellant's Non Appearance)

Legal Issues

  1. 1 ['What is the appropriate course when an appellant fails to appear at the hearing of an appeal?']

Ratio Decidendi

The appeal should be dismissed because the appellant failed to attend the hearing, and in the interests of justice, dismissal is appropriate according to guidance in Al Mamun v Minister for Immigration and Citizenship and relevant statutory power.

Court Disposition

Appeal dismissed for want of appearance by appellant. Appellant to pay costs of the first respondent.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent.']