SZDMO v Minister for Immigration & Multicultural Affairs [2006] FCA 1304

SZDMO v Minister for Immigration & Multicultural Affairs [2006] FCA 1304

The applicant's absence from the original hearing was excusable, giving the Court jurisdiction to set aside the ex parte order; however, there was no substantive basis identified for granting leave to appeal and the original orders should stand except no further order for costs today.

Jurisdiction
Australia
Judgment Date
19 September 2006
Procedural Posture
Application to Set Aside Ex Parte Orders/appeal / Application to Set Aside Earlier Dismissal of Application for Leave to Appeal
Outcome
Motion dismissed; no order as to costs on the motion.
Legal Topics
['setting Aside Ex Parte Orders' 'leave to Appeal' 'natural Justice' 'procedural Fairness']
['administrative Law' 'migration Law'] ['setting Aside Ex Parte Orders' 'leave to Appeal' 'natural Justice' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Ex Parte Orders/appeal / Application to Set Aside Earlier Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the ex parte orders made in the applicant's absence should be set aside" 'Whether leave to appeal from the Federal Magistrates Court should be granted']

Ratio Decidendi

The applicant's absence from the original hearing was excusable, giving the Court jurisdiction to set aside the ex parte order; however, there was no substantive basis identified for granting leave to appeal and the original orders should stand except no further order for costs today.

Court Disposition

Motion dismissed; no order as to costs on the motion.

Orders

  • ['The motion, notice of which was filed on 17 July 2006, be dismissed.' 'No order as to costs on that motion.']