SZLBD v Minister for Immigration and Citizenship [2008] FCA 643

SZLBD v Minister for Immigration and Citizenship [2008] FCA 643

The Court was satisfied that notice of the appeal listing had been sent to the Appellant's address for service specified in the notice of appeal and related documents, and the Appellant failed to appear. That provided the factual foundation to exercise the power in Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) to dismiss the appeal. Costs were ordered to be paid by the Appellant and taxed rather than fixed because proof of prior service of the costs affidavit was lacking.

Jurisdiction
Australia
Judgment Date
06 May 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal
Outcome
The appeal is dismissed.
Legal Topics
['refugee Review Tribunal' 'dismissal of Appeal for Failure to Attend' 'costs' 'address for Service' 'procedural Fairness']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'dismissal of Appeal for Failure to Attend' 'costs' 'address for Service' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the Appellant failed to attend the hearing.' "Whether costs of the First Respondent's appearance and incidental costs should be fixed or taxed."]

Ratio Decidendi

The Court was satisfied that notice of the appeal listing had been sent to the Appellant's address for service specified in the notice of appeal and related documents, and the Appellant failed to appear. That provided the factual foundation to exercise the power in Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) to dismiss the appeal. Costs were ordered to be paid by the Appellant and taxed rather than fixed because proof of prior service of the costs affidavit was lacking.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The Appellant is to pay the costs of and incidental to the hearing of the appeal, including reserve costs and costs thrown away by today, to be taxed.']