SZJEX v Minister for Immigration & Citizenship [2007] FCA 257

SZJEX v Minister for Immigration & Citizenship [2007] FCA 257

The appellants had been notified in writing on three occasions of the date, time and place of the appeal hearing, but failed to appear and did not propose to attend. In default of appearance, the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
28 February 2007
Procedural Posture
Migration Appeal / Appeal From a Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'failure to Appear' 'refugee Status']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'failure to Appear' 'refugee Status']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the appeal should be dismissed in default of appearance where the appellants failed to attend the hearing after written notice of the date, time and place of the appeal.' "Whether the title of the first respondent should be amended to 'Minister for Immigration and Citizenship'."]

Ratio Decidendi

The appellants had been notified in writing on three occasions of the date, time and place of the appeal hearing, but failed to appear and did not propose to attend. In default of appearance, the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ["The title of the first respondent be amended to 'Minister for Immigration and Citizenship'." 'The appeal is dismissed with costs.']