SZIAM v Minister for Immigration & Multicultural Affairs [2006] FCA 1549

SZIAM v Minister for Immigration & Multicultural Affairs [2006] FCA 1549

The appellant did not appear when the appeal was called, and the Court was satisfied that notice of the appeal had been given to him at his nominated address for service and had not been returned unclaimed; in those circumstances the appeal was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
08 November 2006
Procedural Posture
Migration Appeal / Appeal From Orders of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review
Outcome
Appeal dismissed.
Legal Topics
['no Appearance by Appellant' 'protection (class Xa) Visa' 'judicial Review' 'dismissal of Appeal']
['migration'] ['no Appearance by Appellant' 'protection (class Xa) Visa' 'judicial Review' 'dismissal of Appeal']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Orders of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear after being given notice of the appeal.']

Ratio Decidendi

The appellant did not appear when the appeal was called, and the Court was satisfied that notice of the appeal had been given to him at his nominated address for service and had not been returned unclaimed; in those circumstances the appeal was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs in the sum of $1200."]