SZNID v Minister for Immigration and Citizenship [2009] FCA 939

SZNID v Minister for Immigration and Citizenship [2009] FCA 939

The appellant had been notified more than once of the hearing time and place, his name and pseudonym were called outside the court three times, and he failed to appear; in those circumstances it was appropriate to dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
21 August 2009
Procedural Posture
Appeal / Hearing of Appeal
Outcome
Appeal dismissed.
Legal Topics
['refugee Review' 'dismissal for Non Appearance' 'costs']
['migration Law' 'federal Court Procedure'] ['refugee Review' 'dismissal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Appeal / Hearing of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed when the appellant failed to appear after being notified of the hearing.']

Ratio Decidendi

The appellant had been notified more than once of the hearing time and place, his name and pseudonym were called outside the court three times, and he failed to appear; in those circumstances it was appropriate to dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed.

Orders

  • ["The appellant's appeal be dismissed." "The appellant pay the first respondent's costs."]