SZDJC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 419

SZDJC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 419

The applicant was advised of the hearing at his address for service and respondent's submissions had also recently been served at that address, but the applicant did not appear when the matter was called; in those circumstances the application was dismissed and costs were ordered against the applicant.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Application for Leave to Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision / Federal Court Hearing; Application Dismissed After Applicant Did Not Appear
Outcome
Application dismissed with costs fixed in the sum of $800.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'dismissal for Non Appearance' 'costs']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'dismissal for Non Appearance' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision / Federal Court Hearing; Application Dismissed After Applicant Did Not Appear

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed where the applicant did not appear at the Federal Court hearing after notice was sent to the address for service.']

Ratio Decidendi

The applicant was advised of the hearing at his address for service and respondent's submissions had also recently been served at that address, but the applicant did not appear when the matter was called; in those circumstances the application was dismissed and costs were ordered against the applicant.

Court Disposition

Application dismissed with costs fixed in the sum of $800.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs." 'Costs be fixed in the sum of $800.']