SZOLW v Minister for Immigration [2010] FCA 1299

SZOLW v Minister for Immigration [2010] FCA 1299

Because the matter was listed for hearing, notice of the hearing had been given to the appellant, and there was no appearance on behalf of the appellant, the Court dismissed the appeal pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
19 November 2010
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Dismissal Sought for Non Appearance
Outcome
Appeal dismissed with costs payable by the appellant to the first respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'dismissal for Non Appearance' 'costs']
['immigration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'dismissal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Hearing of Appeal; Dismissal Sought for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing after notice of the hearing had been given.']

Ratio Decidendi

Because the matter was listed for hearing, notice of the hearing had been given to the appellant, and there was no appearance on behalf of the appellant, the Court dismissed the appeal pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed with costs payable by the appellant to the first respondent.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, as agreed or taxed."]