SZAHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1803

SZAHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1803

The appellant failed to appear when the matter was called for hearing, and the first respondent had received no information from him; in those circumstances it was appropriate to exercise the power under s 25(2B)(bb)(ii) to dismiss the appeal and order costs.

Jurisdiction
Australia
Judgment Date
09 December 2005
Procedural Posture
Appeal / Hearing in the Federal Court of Australia
Outcome
Appeal dismissed with costs payable by the appellant to the first respondent.
Legal Topics
['refugee Review Tribunal' 'dismissal for Non Appearance' 'single Judge Appellate Jurisdiction' 'costs']
['immigration Law' 'administrative Law' 'appellate Procedure'] ['refugee Review Tribunal' 'dismissal for Non Appearance' 'single Judge Appellate Jurisdiction' 'costs']

Case Brief

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Procedural Posture

Appeal / Hearing in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant failed to appear on the date fixed for hearing.' 'Whether the matter should be heard by a single judge exercising the appellate jurisdiction of the Court.']

Ratio Decidendi

The appellant failed to appear when the matter was called for hearing, and the first respondent had received no information from him; in those circumstances it was appropriate to exercise the power under s 25(2B)(bb)(ii) to dismiss the appeal and order costs.

Court Disposition

Appeal dismissed with costs payable by the appellant to the first respondent.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs." 'Any application to set aside these orders is to be made by the filing of a notice of motion together with supporting affidavit material explaining why the Court should set aside the dismissal of the appeal given the failure of the...