SZILL v Minister for Immigration and Citizenship [2007] FCA 1760

In the circumstances, as the appellant has not abandoned his appeal and seeks to have the matter heard, the hearing should be adjourned to allow him the opportunity to attend.

Parties: Appellant: SZILL; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 13 November 2007
Procedural Posture: Appeal / Adjournment of Appeal Hearing; Directions Regarding Notification to Appellant
Outcome: Hearing of the appeal adjourned.
Legal Topics: Protection Visa, Judicial Review, Appellant Notification, Adjournment

Administrative Law Immigration Law Protection Visa Judicial Review Appellant Notification Adjournment

Case Brief

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Parties

SZILL

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Adjournment of Appeal Hearing; Directions Regarding Notification to Appellant

Legal Issues

1 Whether the appeal should be dismissed due to the appellant's non-attendance at hearing
2 Whether proper notification of the hearing was given to the appellant
3 Whether the hearing should be adjourned to enable the appellant's attendance

Ratio Decidendi

In the circumstances, as the appellant has not abandoned his appeal and seeks to have the matter heard, the hearing should be adjourned to allow him the opportunity to attend.

Court Disposition

Hearing of the appeal adjourned.

Orders

The hearing of the appeal be adjourned to 10.15 am on 22 November 2007.
First respondent to endeavour to make telephone contact with the appellant, with interpreter assistance, to advise time and place of the hearing.