SZDXC v Minister for Immigration and Citizenship [2007] FCA 214

SZDXC v Minister for Immigration and Citizenship [2007] FCA 214

The applicant had been notified of the hearing and the Court was satisfied he would have been aware the matter was listed, but he did not appear. The application for leave to appeal was therefore dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application for leave to appeal dismissed.
Legal Topics
['judicial Review of Migration Decision' 'application for Leave to Appeal' 'dismissal for Non Appearance' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['judicial Review of Migration Decision' 'application for Leave to Appeal' 'dismissal for Non Appearance' 'costs']

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
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed because the applicant did not appear at the hearing after notice of the listing.' 'Whether the Federal Magistrate was correct to dismiss the judicial review application concerning a decision of a delegate of the first respondent.']

Ratio Decidendi

The applicant had been notified of the hearing and the Court was satisfied he would have been aware the matter was listed, but he did not appear. The application for leave to appeal was therefore dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).' "The applicant pay the first respondent's costs fixed in the sum of $750." "The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'."]