SZJUH v Minister for Immigration and Citizenship [2007] FCA 1728

SZJUH v Minister for Immigration and Citizenship [2007] FCA 1728

There was no appearance by the applicant and no reason to refuse the respondent's application to dismiss; therefore, the application for leave to appeal was dismissed and costs ordered against the applicant.

Parties
Applicant: SZJUH; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 November 2007
Procedural Posture
Application for Leave to Appeal / Dismissal at Hearing
Outcome
Application for leave to appeal dismissed.
Legal Topics
Leave to Appeal, Dismissal for Non Appearance, Costs
Administrative Law Migration Law Leave to Appeal Dismissal for Non Appearance Costs

Case Brief

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Parties

SZJUH

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Dismissal at Hearing

Legal Issues

  1. 1 Whether the application for leave to appeal should be dismissed due to non-appearance of the applicant.

Ratio Decidendi

There was no appearance by the applicant and no reason to refuse the respondent's application to dismiss; therefore, the application for leave to appeal was dismissed and costs ordered against the applicant.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal be dismissed.
  • The Applicant pay the costs of the First Respondent fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).