SZBJL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1749

SZBJL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1749

There was no satisfactory explanation for the appellant's absence despite opportunity to provide medical evidence or submissions. The proceedings were dismissed pursuant to section 25(2B)(bb)(ii) for non-attendance at the hearing.

Parties
Appellant: SZBJL; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Appeal / Hearing and Judgment on Non Appearance
Outcome
appeal dismissed for non-attendance
Legal Topics
Dismissal for Non Attendance, Appeal Procedure
Migration Dismissal for Non Attendance Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

SZBJL

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Hearing and Judgment on Non Appearance

Legal Issues

  1. 1 Whether the appeal should be dismissed for non-attendance of the appellant

Ratio Decidendi

There was no satisfactory explanation for the appellant's absence despite opportunity to provide medical evidence or submissions. The proceedings were dismissed pursuant to section 25(2B)(bb)(ii) for non-attendance at the hearing.

Court Disposition

appeal dismissed for non-attendance

Orders

  • The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976.
  • The appellant pay the first respondent's costs.