S353 of 2003 v Minister for Immigration & Citizenship [2007] FCAFC 13

S353 of 2003 v Minister for Immigration & Citizenship [2007] FCAFC 13

The notice of motion was dismissed because there was no adequate explanation for the appellant's non-attendance at the hearing on 12 February 2007, no satisfactory explanation for his non-attendance on 30 October 2006 in light of steps taken to notify him and counsel appointed to assist him, and no explanation for his failure to comply with directions made by Allsop J in June 2006.

Jurisdiction
Australia
Judgment Date
12 February 2007
Procedural Posture
Migration Appeal / Full Court Notice of Motion to Set Aside Orders Made on 30 October 2006 Dismissing an Application for Leave to Appeal
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Decision' 'application to Set Aside Orders Made in Absence of Party' 'non Attendance at Hearing' 'failure to Comply With Directions']
['migration Law' 'civil Procedure' 'appellate Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal Decision' 'application to Set Aside Orders Made in Absence of Party' 'non Attendance at Hearing' 'failure to Comply With Directions']

Case Brief

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Procedural Posture

Migration Appeal / Full Court Notice of Motion to Set Aside Orders Made on 30 October 2006 Dismissing an Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Court should vacate the hearing because of a facsimile indicating the appellant had been admitted to hospital for evaluation of chest pain.' "Whether orders made on 30 October 2006 in the appellant's absence should be set aside." "Whether there was an adequate explanation for the appellant's non-attendance and failure to comply with prior directions."]

Ratio Decidendi

The notice of motion was dismissed because there was no adequate explanation for the appellant's non-attendance at the hearing on 12 February 2007, no satisfactory explanation for his non-attendance on 30 October 2006 in light of steps taken to notify him and counsel appointed to assist him, and no explanation for his failure to comply with directions made by Allsop J in June 2006.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The Notice of Motion dated 7 November 2006 and filed 8 November 2006 be dismissed.' "The Appellant pay the First Respondent's costs of the Motion."]