SZONY v Minister for Immigration and Border Protection [2018] FCA 666

SZONY v Minister for Immigration and Border Protection [2018] FCA 666

The appeal was dismissed for want of appearance pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth) as the appellant failed to appear despite proper notice being given.

Parties
Appellant: SZONY; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Appeal / Judgment on Appeal for Want of Appearance
Outcome
Appeal dismissed for want of appearance with costs
Legal Topics
Judicial Review, Migration, Procedural Fairness, Dismissal for Want of Appearance
Administrative Law Constitutional Law Human Rights Judicial Review Migration Procedural Fairness Dismissal for Want of Appearance

Case Brief

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Parties

SZONY

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal for Want of Appearance

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of appearance pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether the Tribunal erred in rejecting the appellant's claims

Ratio Decidendi

The appeal was dismissed for want of appearance pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth) as the appellant failed to appear despite proper notice being given.

Court Disposition

Appeal dismissed for want of appearance with costs

Orders

  • The appeal be dismissed with costs for want of appearance pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth).