SZHWI v Minister for Immigration and Citizenship (No. 2) [2009] FCA 212

SZHWI v Minister for Immigration and Citizenship (No. 2) [2009] FCA 212

The court refused to set aside the orders dismissing the appeal because the applicant was given sufficient notice of the hearing date and there was no error in the earlier decision; any confusion should have been addressed by contacting the Registrar as advised.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Application by Notice of Motion / Post Judgment (application to Set Aside Orders)
Outcome
Notice of motion dismissed
Legal Topics
['setting Aside Orders' 'notice of Motion' 'failure to Attend Hearing' 'jurisdictional Error']
['practice and Procedure'] ['setting Aside Orders' 'notice of Motion' 'failure to Attend Hearing' 'jurisdictional Error']

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Procedural Posture

Application by Notice of Motion / Post Judgment (application to Set Aside Orders)

Legal Issues

  1. 1 ["Whether the orders of 9 February 2009 should be set aside due to applicant's non-appearance allegedly caused by confusion in correspondence" 'Whether a new hearing should be ordered']

Ratio Decidendi

The court refused to set aside the orders dismissing the appeal because the applicant was given sufficient notice of the hearing date and there was no error in the earlier decision; any confusion should have been addressed by contacting the Registrar as advised.

Court Disposition

Notice of motion dismissed

Orders

  • ['The notice of motion filed by the applicant on 19 February 2009 is dismissed.' 'Each party to pay their own costs of the notice of motion.']