SZERI v MIMA & Anor [2006] FCA 1605

SZERI v MIMA & Anor [2006] FCA 1605

Because the Appellant had left Australia, did not appear, and was not in a position to prosecute the appeal, the Court dismissed the appeal under s 25 of the Federal Court of Australia Act 1976 and, accepting the First Respondent's estimate of party and party costs as reasonable, fixed costs at $1,600.

Jurisdiction
Australia
Judgment Date
20 November 2006
Procedural Posture
Appeal From Dismissal of Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa / Ex Tempore Reasons for Judgment
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'dismissal of Appeal' 'costs']
['immigration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'dismissal of Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal From Dismissal of Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the Appellant had left Australia, did not appear, and was not in a position to prosecute the appeal.' 'Whether costs should be fixed in the amount sought by the First Respondent.']

Ratio Decidendi

Because the Appellant had left Australia, did not appear, and was not in a position to prosecute the appeal, the Court dismissed the appeal under s 25 of the Federal Court of Australia Act 1976 and, accepting the First Respondent's estimate of party and party costs as reasonable, fixed costs at $1,600.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The Applicant is to pay the costs of the First Respondent of and incidental to the appeal fixed in an amount of $1,600.']