SZDTB v Refugee Review Tribunal [2005] FCA 672

SZDTB v Refugee Review Tribunal [2005] FCA 672

The appeal was dismissed because the appellant failed to attend the hearing despite due notice that it was listed for 20 May 2005; he had also failed to file an amended notice of appeal or written outline of submissions, and the Federal Magistrates Court judgment disclosed no obvious error.

Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
Appeal From a Judgment of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Appeal Dismissed for Failure of the Appellant to Attend the Hearing
Outcome
Appeal dismissed; appellant ordered to pay the second respondent's costs fixed at $2400.
Legal Topics
['refugee Review Tribunal' 'judicial Review' 'appeal Dismissal for Non Attendance' 'failure to Comply With Court Directions']
['administrative Law' 'migration Law'] ['refugee Review Tribunal' 'judicial Review' 'appeal Dismissal for Non Attendance' 'failure to Comply With Court Directions']

Case Brief

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Procedural Posture

Appeal From a Judgment of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Appeal Dismissed for Failure of the Appellant to Attend the Hearing

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because the appellant failed to attend the hearing.' 'Whether the appellant had due notice that the appeal was listed for hearing on 20 May 2005.']

Ratio Decidendi

The appeal was dismissed because the appellant failed to attend the hearing despite due notice that it was listed for 20 May 2005; he had also failed to file an amended notice of appeal or written outline of submissions, and the Federal Magistrates Court judgment disclosed no obvious error.

Court Disposition

Appeal dismissed; appellant ordered to pay the second respondent's costs fixed at $2400.

Orders

  • ['The appeal be dismissed in reliance on s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).' "The appellant pay the second respondent's costs fixed in the sum of $2400."]