SZQWU v Minister for Immigration and Citizenship [2012] FCA 1239

SZQWU v Minister for Immigration and Citizenship [2012] FCA 1239

The appeal was dismissed because the appellant failed to appear and could not be located despite attempts to find him in the court precincts, and the Minister's application for dismissal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 was granted.

Source-derived case information.

Parties
Appellant: SZQWU; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 November 2012
Procedural Posture
Appeal / Judgment After Hearing; Application for Dismissal of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Dismissal of Appeal for Non Appearance, Procedural Requirements Under Federal Court Rules
Administrative Law Migration Law Dismissal of Appeal for Non Appearance Procedural Requirements Under Federal Court Rules

Source-derived case record

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Parties

SZQWU

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment After Hearing; Application for Dismissal of Appeal

Legal Issues

  1. 1 Whether the appeal should be dismissed for non-appearance of the appellant
  2. 2 Proper application of r 36.75(1)(a)(i) of the Federal Court Rules 2011

Ratio Decidendi

The appeal was dismissed because the appellant failed to appear and could not be located despite attempts to find him in the court precincts, and the Minister's application for dismissal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 was granted.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed, with costs.