SZKFH v Minister for Immigration and Citizenship [2008] FCA 675

SZKFH v Minister for Immigration and Citizenship [2008] FCA 675

The appellant did not appear at the appeal hearing, and the Court was satisfied that he knew of the hearing fixture. The appeal was therefore dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with the first respondent's recoverable costs fixed at $1900.

Jurisdiction
Australia
Judgment Date
06 May 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Appellant Did Not Appear
Outcome
Appeal dismissed with costs.
Legal Topics
['refugee Review Tribunal' 'dismissal of Appeal for Non Appearance' 'costs']
['immigration' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'dismissal of Appeal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Appellant Did Not Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed when the appellant did not appear at the hearing after being made aware of the hearing fixture.' 'Whether the first respondent should be awarded costs of the appeal fixed in a specified sum.']

Ratio Decidendi

The appellant did not appear at the appeal hearing, and the Court was satisfied that he knew of the hearing fixture. The appeal was therefore dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), with the first respondent's recoverable costs fixed at $1900.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal." 'The costs referred to in order 2 be fixed in a sum of $1900.']