SZBPY v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 235

SZBPY v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 235

The appellant was notified of the hearing and failed to attend; evidence showed the appellant had departed Australia. Therefore, pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth), the appeal was dismissed with costs.

Parties
Appellant: SZBPY; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Appeal Dismissal for Non Appearance
Immigration Law Appeal Dismissal for Non Appearance

Case Brief

Summary, issues, holding and outcome

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Parties

SZBPY

Appellant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of appearance

Ratio Decidendi

The appellant was notified of the hearing and failed to attend; evidence showed the appellant had departed Australia. Therefore, pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth), the appeal was dismissed with costs.

Court Disposition

appeal dismissed

Orders

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