SZBNH v Minister for Immigration & Citizenship [2008] FCA 1661

SZBNH v Minister for Immigration & Citizenship [2008] FCA 1661

Since the appellant was properly informed of the hearing and failed to attend, the appeal was dismissed pursuant to s 25(2B)(bb)(ii) Federal Court of Australia Act (1976) (Cth); costs were fixed based on affidavit evidence.

Jurisdiction
Australia
Judgment Date
03 November 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['default Judgment' 'dismissal for Non Appearance' 'costs Fixing']
['migration Law'] ['default Judgment' 'dismissal for Non Appearance' 'costs Fixing']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant was properly informed of the hearing date and time' 'Whether dismissal for non-appearance was appropriate under section 25(2B)(bb)(ii) of the Federal Court of Australia Act (1976) (Cth)' 'Fixing of costs']

Ratio Decidendi

Since the appellant was properly informed of the hearing and failed to attend, the appeal was dismissed pursuant to s 25(2B)(bb)(ii) Federal Court of Australia Act (1976) (Cth); costs were fixed based on affidavit evidence.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant shall pay the respondent's costs of and incidental to the appeal." 'The costs payable by the appellant pursuant to order 2 are fixed in an amount of $2,600.' 'Leave is given to read and file a Supplementary Appeal Book containing a further affidavit of the appellant sworn...