SZMXY v Minister for Immigration and Citizenship [2009] FCA 995

Due to unsatisfactory explanation for the appellant's absence and failure to attend the hearing, it is appropriate to exercise the power under s 25(2B)(bb)(ii) and dismiss the appeal.

Jurisdiction: Australia
Judgment Date: 19 August 2009
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal dismissed
Legal Topics: ['judicial Review of Migration Decisions' 'failure to Appear' 'protection Visa Applications']

['administrative Law' 'migration Law'] ['judicial Review of Migration Decisions' 'failure to Appear' 'protection Visa Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 ['Should the appeal be dismissed for failure of the appellant to attend the hearing?']

Ratio Decidendi

Due to unsatisfactory explanation for the appellant's absence and failure to attend the hearing, it is appropriate to exercise the power under s 25(2B)(bb)(ii) and dismiss the appeal.

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the amount of $2,875."]