SZNIM v Minister for Immigration & Citizenship [2009] FCA 1547

SZNIM v Minister for Immigration & Citizenship [2009] FCA 1547

The hearing was adjourned because the appellant's medical certificate indicated a sufficiently severe condition preventing attendance; costs of today were reserved as it was not the appellant’s fault he could not appear.

Parties
Appellant: SZNIM; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
17 November 2009
Procedural Posture
Appeal / Adjournment Hearing
Outcome
hearing adjourned; costs reserved
Legal Topics
Adjournment of Hearing, Appeal Procedure, Costs Reservation
Immigration Adjournment of Hearing Appeal Procedure Costs Reservation

Case Brief

Summary, issues, holding and outcome

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Parties

SZNIM

Appellant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Adjournment Hearing

Legal Issues

  1. 1 Whether the hearing should be adjourned due to the appellant's medical condition
  2. 2 Whether the appellant should be ordered to pay the first respondent’s costs for the adjournment

Ratio Decidendi

The hearing was adjourned because the appellant's medical certificate indicated a sufficiently severe condition preventing attendance; costs of today were reserved as it was not the appellant’s fault he could not appear.

Court Disposition

hearing adjourned; costs reserved

Orders

  • The hearing of the appeal be adjourned to a date to be fixed between 8 February and 5 March 2010.
  • The first respondent's costs of today be reserved.