SZDXC v Minister for Immigration and Citizenship [2007] FCA 654

SZDXC v Minister for Immigration and Citizenship [2007] FCA 654

The applicant failed to provide corroborative evidence of his illness or attempts to notify relevant parties; additionally, the application for leave to appeal lacked merit, and any order setting aside judgment would be futile. Therefore, the motion should be dismissed.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Appeal / Notice of Motion to Set Aside Orders on Appeal
Outcome
Notice of motion dismissed. Applicant to pay first respondent's costs.
Legal Topics
['application to Set Aside Orders' 'leave to Appeal' 'procedural Fairness']
['administrative Law' 'immigration Law'] ['application to Set Aside Orders' 'leave to Appeal' 'procedural Fairness']

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Procedural Posture

Appeal / Notice of Motion to Set Aside Orders on Appeal

Legal Issues

  1. 1 ['Whether the orders made on 27 February 2007 should be set aside pursuant to s 25(2B)(bc) of the Federal Court of Australia Act 1976 (Cth) and relevant rules' "Whether the applicant's failure to appear was excusable due to illness"]

Ratio Decidendi

The applicant failed to provide corroborative evidence of his illness or attempts to notify relevant parties; additionally, the application for leave to appeal lacked merit, and any order setting aside judgment would be futile. Therefore, the motion should be dismissed.

Court Disposition

Notice of motion dismissed. Applicant to pay first respondent's costs.

Orders

  • ['The notice of motion of 12 March 2007 be dismissed.' "The applicant pay the first respondent's costs of the notice of motion."]