SZJVK v Minister for Immigration and Citizenship [2008] FCA 1724

SZJVK v Minister for Immigration and Citizenship [2008] FCA 1724

Because the appellant has left Australia and is not able to appear, the appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Parties
Appellant: SZJVK; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Dismissal for Non Appearance, Appeal Procedure, Jurisdiction of the Federal Court
Administrative Law Migration Law Dismissal for Non Appearance Appeal Procedure Jurisdiction of the Federal Court

Case Brief

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Parties

SZJVK

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the appeal should be dismissed for non-appearance of the appellant who has left Australia

Ratio Decidendi

Because the appellant has left Australia and is not able to appear, the appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal.