SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838

SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838

The appellant failed to attend the hearing of the appeal, despite the Court being satisfied that the appellant had been informed of the time, date and place of the hearing, and no explanation for the failure to attend had been provided; accordingly, the appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal
Outcome
Appeal dismissed.
Legal Topics
['appeal' 'refugee Review Tribunal' 'dismissal for Non Attendance' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['appeal' 'refugee Review Tribunal' 'dismissal for Non Attendance' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing after being informed of the time, date and place of the hearing.']

Ratio Decidendi

The appellant failed to attend the hearing of the appeal, despite the Court being satisfied that the appellant had been informed of the time, date and place of the hearing, and no explanation for the failure to attend had been provided; accordingly, the appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, fixed in the amount of $4,410.']