SZEKW v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1272

SZEKW v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1272

Given the appellant's failure to appear, the solicitor's irregular purported cessation of acting, and the first respondent's constructive proposal to proceed under O 52 r 38A(1)(a) while staying entry of the orders to allow an opportunity to set them aside, the Court considered it appropriate to dismiss the appeal, order costs for the first respondent, and stay entry for 21 days with notice to the appellant.

Jurisdiction
Australia
Judgment Date
07 September 2005
Procedural Posture
Appeal / Hearing in the Absence of the Appellant; Orders Dismissing Appeal
Outcome
Appeal dismissed.
Legal Topics
['refugee Review Tribunal' 'non Appearance by Appellant' 'dismissal of Appeal' 'joinder' 'costs' 'stay of Entry of Orders']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'non Appearance by Appellant' 'dismissal of Appeal' 'joinder' 'costs' 'stay of Entry of Orders']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Hearing in the Absence of the Appellant; Orders Dismissing Appeal

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal should be joined as the second respondent.' 'Whether the Court should hear and determine the appeal in the absence of the appellant under O 52 r 38A(1)(a) of the Federal Court Rules.' 'Whether the appeal should be dismissed with a stay of entry of orders to allow the appellant an opportunity to seek to set aside the orders.']

Ratio Decidendi

Given the appellant's failure to appear, the solicitor's irregular purported cessation of acting, and the first respondent's constructive proposal to proceed under O 52 r 38A(1)(a) while staying entry of the orders to allow an opportunity to set them aside, the Court considered it appropriate to dismiss the appeal, order costs for the first respondent, and stay entry for 21 days with notice to the appellant.

Court Disposition

Appeal dismissed.

Orders

  • ['The Refugee Review Tribunal be joined as the second respondent.' 'It be noted that the second respondent submits to such orders as the Court finds fit, save as to costs.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal." 'The entry of the above orders be stayed for 21 days...