SZVEB v Minister for Immigration and Border Protection [2015] FCA 847

SZVEB v Minister for Immigration and Border Protection [2015] FCA 847

The applicant had been given notice of the hearing but did not appear. In those circumstances, the Court acceded to the Minister's application and dismissed the application under r 35.33(1)(a)(i) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
13 August 2015
Procedural Posture
Application for Leave to Appeal From a Judgment of the Federal Circuit Court of Australia / Federal Court Hearing at Which the First Respondent Applied to Dismiss the Application for Non Appearance
Outcome
Application dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).
Legal Topics
['protection Visa' 'judicial Review' 'application for Leave to Appeal' 'dismissal for Non Appearance' 'costs' 'amendment of Respondent Name']
['immigration' 'administrative Law' 'civil Procedure'] ['protection Visa' 'judicial Review' 'application for Leave to Appeal' 'dismissal for Non Appearance' 'costs' 'amendment of Respondent Name']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Circuit Court of Australia / Federal Court Hearing at Which the First Respondent Applied to Dismiss the Application for Non Appearance

Legal Issues

  1. 1 ['Whether the application should be dismissed because the applicant did not appear at the hearing.' 'Whether the name of the second respondent should be changed to Administrative Appeals Tribunal.' "Whether the applicant should pay the first respondent's costs."]

Ratio Decidendi

The applicant had been given notice of the hearing but did not appear. In those circumstances, the Court acceded to the Minister's application and dismissed the application under r 35.33(1)(a)(i) of the Federal Court Rules.

Court Disposition

Application dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Orders

  • ['The name of the second respondent be changed so as to read "Administrative Appeals Tribunal".' 'The application be dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "The applicant pay the first respondent's costs, as agreed or taxed."]