SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818

SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818

The appellant failed to attend the hearing of the appeal, and the Court was satisfied that the appellant would have been notified of the appeal and its time and place; accordingly, the appeal was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with costs fixed at $1,200.

Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing and Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['refugee Review Tribunal' 'dismissal of Appeal for Failure to Attend Hearing' 'costs']
['immigration Law' 'administrative Law'] ['refugee Review Tribunal' 'dismissal of Appeal for Failure to Attend Hearing' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing and Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing relating to the appeal.' 'What costs order should be made.']

Ratio Decidendi

The appellant failed to attend the hearing of the appeal, and the Court was satisfied that the appellant would have been notified of the appeal and its time and place; accordingly, the appeal was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with costs fixed at $1,200.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the amount of $1,200."]