SZDMG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1260

SZDMG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1260

The motion to set aside the orders of 17 December 2004 is dismissed because there was no appearance for the appellant and the Minister sought dismissal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 August 2005
Procedural Posture
Appeal / Motion to Set Aside Order
Outcome
motion dismissed
Legal Topics
['protection Visa' 'jurisdictional Error' 'appeal Procedures']
['immigration Law'] ['protection Visa' 'jurisdictional Error' 'appeal Procedures']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Motion to Set Aside Order

Legal Issues

  1. 1 ['Whether the orders of 17 December 2004 dismissing the appeal should be set aside and the appellant allowed to present argument' "Whether the lapse of time between notification of the Tribunal's decision and commencement of proceedings affected competency"]

Ratio Decidendi

The motion to set aside the orders of 17 December 2004 is dismissed because there was no appearance for the appellant and the Minister sought dismissal.

Court Disposition

motion dismissed

Orders

  • ['The notice of motion filed on 9 August 2005 be dismissed.' "The appellant pay the respondent's costs of the motion."]