SZKCC v Minister for Immigration and Citizenship [2007] FCA 1363

SZKCC v Minister for Immigration and Citizenship [2007] FCA 1363

Leave to appeal was refused because no basis was shown for doubting the Federal Magistrate's power to make the order and there did not appear to be any arguable appealable error; the applicant's proper recourse was to apply in the Federal Magistrates Court to set aside the orders made in his absence.

Jurisdiction
Australia
Judgment Date
17 August 2007
Procedural Posture
Application for Leave to Appeal From an Order of the Federal Magistrates Court Dismissing an Application Following Failure to Attend the Hearing / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'dismissal for Non Attendance' 'setting Aside Orders Made in Absence' 'judicial Review']
['migration Law' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'dismissal for Non Attendance' 'setting Aside Orders Made in Absence' 'judicial Review']

Case Brief

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Procedural Posture

Application for Leave to Appeal From an Order of the Federal Magistrates Court Dismissing an Application Following Failure to Attend the Hearing / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court order dismissing the application following the applicant's failure to attend the hearing." "Whether there was any arguable appealable error in the Federal Magistrate's order." "Whether the applicant's proper recourse was to apply in the Federal Magistrates Court to set aside orders made in his absence."]

Ratio Decidendi

Leave to appeal was refused because no basis was shown for doubting the Federal Magistrate's power to make the order and there did not appear to be any arguable appealable error; the applicant's proper recourse was to apply in the Federal Magistrates Court to set aside the orders made in his absence.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant is to pay the first respondent's costs of the application assessed at $1,000."]