SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1367

SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1367

The appellant did not appear at the directions hearing after the Minister had, in accordance with the Court's direction, notified him of the adjourned directions hearing and that dismissal would be sought if he failed to attend; in those circumstances it was appropriate to dismiss the appeal pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
09 September 2005
Procedural Posture
Appeal From Federal Magistrates Court Dismissal of an Application for Relief Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Directions Hearing; Appeal Dismissed for Non Appearance
Outcome
Appeal dismissed; appellant ordered to pay the respondent's costs.
Legal Topics
['protection (class Xa) Visa' 'refugee Review Tribunal Review' 'section 39 B Judiciary Act Relief' 'dismissal for Non Appearance']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection (class Xa) Visa' 'refugee Review Tribunal Review' 'section 39 B Judiciary Act Relief' 'dismissal for Non Appearance']

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

Appeal From Federal Magistrates Court Dismissal of an Application for Relief Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Directions Hearing; Appeal Dismissed for Non Appearance

Legal Issues

  1. 1 ["Whether the appeal should be dismissed when the appellant failed to appear after being notified of the adjourned directions hearing and the Minister's proposed application for dismissal."]

Ratio Decidendi

The appellant did not appear at the directions hearing after the Minister had, in accordance with the Court's direction, notified him of the adjourned directions hearing and that dismissal would be sought if he failed to attend; in those circumstances it was appropriate to dismiss the appeal pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed; appellant ordered to pay the respondent's costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]