SZKDO v Minister for Immigration & Citizenship [2008] FCA 152

SZKDO v Minister for Immigration & Citizenship [2008] FCA 152

The appellant was duly notified at her address for service that the matter was listed for hearing but did not appear; the Court therefore exercised its power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal and ordered fixed costs for the first respondent.

Jurisdiction
Australia
Judgment Date
25 February 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Dismissal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Hearing; Dismissed for Failure of the Appellant to Attend
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'failure to Appear' 'dismissal of Appeal' 'costs']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'failure to Appear' 'dismissal of Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Dismissal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Hearing; Dismissed for Failure of the Appellant to Attend

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because the appellant failed to attend the hearing after being duly notified.' "Whether the appellant should pay the first respondent's costs of the appeal."]

Ratio Decidendi

The appellant was duly notified at her address for service that the matter was listed for hearing but did not appear; the Court therefore exercised its power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal and ordered fixed costs for the first respondent.

Court Disposition

Appeal dismissed.

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act, the appeal be dismissed.' "Pursuant to Order 62, rule 4(2)(c) of the Federal Court Rules, the appellant pay the first respondent's costs of the appeal fixed in the amount of $1,045.00."]