SZGET v Minister for Immigration & Citizenship [2007] FCA 1994

SZGET v Minister for Immigration & Citizenship [2007] FCA 1994

After the appeal had been listed for hearing three times and the appellant failed to appear, the Court was satisfied that it was appropriate under s 25 (2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal and to order costs against the appellant.

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Application to Dismiss for Failure of the Appellant to Attend
Outcome
Appeal dismissed with costs; name of first respondent changed to Minister for Immigration and Citizenship.
Legal Topics
['dismissal of Appeal for Non Appearance' 'adjournment' 'costs' 'amendment of Party Name']
['migration Law' 'administrative Law' 'civil Procedure'] ['dismissal of Appeal for Non Appearance' 'adjournment' 'costs' 'amendment of Party Name']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Application to Dismiss for Failure of the Appellant to Attend

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing.' 'Whether costs should be ordered against the appellant.' "Whether the name of the first respondent should be amended in the Court's record."]

Ratio Decidendi

After the appeal had been listed for hearing three times and the appellant failed to appear, the Court was satisfied that it was appropriate under s 25 (2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal and to order costs against the appellant.

Court Disposition

Appeal dismissed with costs; name of first respondent changed to Minister for Immigration and Citizenship.

Orders

  • ['The name of the first respondent be changed to Minister for Immigration and Citizenship.' 'The appeal is dismissed with costs.']