SZJQB v Minister for Immigration and Citizenship [2007] FCA 1808

The appellant was notified of the hearing and failed to attend; after enquiries were made and the appellant was not located, the Court dismissed the appeal pursuant to s 25(2B)(bb)(ii).

Jurisdiction: Australia
Judgment Date: 08 November 2007
Procedural Posture: Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal
Outcome: Appeal dismissed.
Legal Topics: ['refugee Review Tribunal' 'appeal Dismissal for Non Attendance' 'costs']

['immigration' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'appeal Dismissal for Non Attendance' 'costs']

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal

Legal Issues

1 ['Whether the appellant failed to attend the hearing of the appeal after being notified of the hearing date and time.' 'Whether the appeal should be dismissed pursuant to s 25(2B)(bb)(ii).']

Ratio Decidendi

The appellant was notified of the hearing and failed to attend; after enquiries were made and the appellant was not located, the Court dismissed the appeal pursuant to s 25(2B)(bb)(ii).

Court Disposition

Appeal dismissed.

Orders

['The appeal be dismissed pursuant to section 25(2B)(bb)(ii).' "The appellant pay the first respondent's costs of the appeal fixed at $1600."]