SZLXB v Minister for Immigration and Citizenship [2008] FCA 1639

SZLXB v Minister for Immigration and Citizenship [2008] FCA 1639

The appellant failed to attend the hearing after notice had been sent to the address for service and after the first respondent had warned that dismissal and costs would be sought; that failure engaged s 25(2B)(bb)(ii), so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Migration Appeal / On Appeal From the Federal Magistrates Court of Australia; Application for Summary Dismissal for Non Appearance
Outcome
Appeal dismissed; appellant to pay the first respondent's costs of the appeal.
Legal Topics
['non Appearance by Appellant' 'summary Dismissal of Appeal' 'refugee Review Tribunal Decision']
['migration' 'federal Civil Procedure'] ['non Appearance by Appellant' 'summary Dismissal of Appeal' 'refugee Review Tribunal Decision']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal / On Appeal From the Federal Magistrates Court of Australia; Application for Summary Dismissal for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing relating to the appeal.']

Ratio Decidendi

The appellant failed to attend the hearing after notice had been sent to the address for service and after the first respondent had warned that dismissal and costs would be sought; that failure engaged s 25(2B)(bb)(ii), so the appeal was dismissed.

Court Disposition

Appeal dismissed; appellant to pay the first respondent's costs of the appeal.

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]