SZCOZ v Minister for Immigration and Citizenship [2007] FCA 227

The Court was satisfied that the applicant was aware of the hearing and did not appear; in those circumstances the application for leave to appeal was dismissed with costs fixed in the sum of $1500.

Jurisdiction: Australia
Judgment Date: 27 February 2007
Procedural Posture: Application for Leave to Appeal From a Judgment of the Federal Magistrates Court of Australia / Hearing of Application for Leave to Appeal
Outcome: Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs fixed at $1500; first respondent's name amended to Minister for Immigration and Citizenship.
Legal Topics: ['leave to Appeal' 'refugee Review Tribunal' 'non Appearance at Hearing' 'costs' 'amendment of Party Name']

['migration Law' 'administrative Law' 'federal Civil Procedure'] ['leave to Appeal' 'refugee Review Tribunal' 'non Appearance at Hearing' 'costs' 'amendment of Party Name']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Magistrates Court of Australia / Hearing of Application for Leave to Appeal

Legal Issues

1 ['Whether the application for leave to appeal should be dismissed where the applicant did not appear despite being notified of the hearing.']

Ratio Decidendi

The Court was satisfied that the applicant was aware of the hearing and did not appear; in those circumstances the application for leave to appeal was dismissed with costs fixed in the sum of $1500.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs fixed at $1500; first respondent's name amended to Minister for Immigration and Citizenship.

Orders

['The application for leave to appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976.' "The applicant pay the first respondent's costs fixed in the sum of $1500." "The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'."]