SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429

SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429

Where the appellant does not appear for the hearing, after confirming notice of the hearing was given and reasonable steps were taken regarding potential confusion as to court location and time, it is appropriate to order dismissal of the appeal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011.

Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Appeal / Hearing and Final Determination
Outcome
Appeal dismissed
Legal Topics
['dismissal of Appeal' 'non Appearance' 'federal Court Procedure']
['migration Law'] ['dismissal of Appeal' 'non Appearance' 'federal Court Procedure']

Case Brief

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Procedural Posture

Appeal / Hearing and Final Determination

Legal Issues

  1. 1 ["Whether the appeal should be dismissed owing to the appellant's non-appearance"]

Ratio Decidendi

Where the appellant does not appear for the hearing, after confirming notice of the hearing was given and reasonable steps were taken regarding potential confusion as to court location and time, it is appropriate to order dismissal of the appeal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed pursuant to r 36.75(1)(a) of the Federal Court Rules 2011.' "The appellant pay the first respondent's costs."]