SZCLP v Minister for Immigration and Citizenship [2007] FCA 888

The applicant was notified by letter sent to his address for service that the matter was fixed for hearing, but there was no appearance by the applicant; on the Minister's request, the application was dismissed for want of appearance and costs were ordered.

Jurisdiction: Australia
Judgment Date: 08 June 2007
Procedural Posture: Application for Leave to Appeal Against a Judgment of a Federal Magistrate / Hearing of Application; Dismissed for Want of Appearance
Outcome: Application dismissed pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth).
Legal Topics: ['leave to Appeal' 'refugee Review' 'non Appearance' 'dismissal' 'costs']

['migration Law' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'refugee Review' 'non Appearance' 'dismissal' 'costs']

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Procedural Posture

Application for Leave to Appeal Against a Judgment of a Federal Magistrate / Hearing of Application; Dismissed for Want of Appearance

Legal Issues

1 ['Whether the application should be dismissed where the applicant was notified of the hearing but did not appear.']

Ratio Decidendi

Court Disposition

Application dismissed pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth).

Orders

['The application be dismissed pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth).' "The applicant pay the first respondent's costs fixed in the sum of $800."]