SZIVD v Minister for Immigration and Multicultural Affairs [2006] FCA 1599

SZIVD v Minister for Immigration and Multicultural Affairs [2006] FCA 1599

The application was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) due to the applicant's failure to attend the hearing.

Parties
Applicant: SZIVD; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Application for Leave to Appeal / Hearing of Application for Leave to Appeal (dismissal for Non Attendance)
Outcome
Application dismissed for non-attendance
Legal Topics
Leave to Appeal, Dismissal for Non Attendance, Procedural Fairness
Administrative Law Immigration Law Leave to Appeal Dismissal for Non Attendance Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SZIVD

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Hearing of Application for Leave to Appeal (dismissal for Non Attendance)

Legal Issues

  1. 1 Whether leave to file application for appeal out of time should be granted
  2. 2 Whether application should be dismissed for failure to attend hearing

Ratio Decidendi

The application was dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) due to the applicant's failure to attend the hearing.

Court Disposition

Application dismissed for non-attendance

Orders

  • Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the application be dismissed.
  • The applicant pay the first respondent's costs, assessed in the sum of $1500.