SZGGV v Minister for Immigration & Citizenship [2007] FCA 256

SZGGV v Minister for Immigration & Citizenship [2007] FCA 256

The applicant did not appear when the matter was called and sufficient time had elapsed to enable appearance, so the Court dismissed the application for leave to appeal with costs and fixed the costs payable to the first respondent at $1,300.

Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Migration Application for Leave to Appeal From a Decision of the Federal Magistrates Court / Application Dismissed for Non Appearance
Outcome
Application dismissed with costs.
Legal Topics
['leave to Appeal' 'non Appearance' 'costs' 'joinder of Respondent' 'amendment of Party Title']
['migration Law' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'non Appearance' 'costs' 'joinder of Respondent' 'amendment of Party Title']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From a Decision of the Federal Magistrates Court / Application Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed because the applicant failed to appear.' 'Whether the costs payable by the applicant should be fixed in the sum of $1,300.' 'Whether the title of the first respondent should be amended and the Refugee Review Tribunal joined as second respondent.']

Ratio Decidendi

The applicant did not appear when the matter was called and sufficient time had elapsed to enable appearance, so the Court dismissed the application for leave to appeal with costs and fixed the costs payable to the first respondent at $1,300.

Court Disposition

Application dismissed with costs.

Orders

  • ["The title of the first respondent be amended to 'Minister for Immigration and Citizenship'." 'The Refugee Review Tribunal be joined as a second respondent.' 'The application be dismissed with costs.' 'The quantum of the costs payable by the applicant to the first respondent be fixed in the sum of $1,300.']