SZVEB v Minister for Immigration and Border Protection (No 2) [2015] FCA 1106

SZVEB v Minister for Immigration and Border Protection (No 2) [2015] FCA 1106

Although the applicant provided an acceptable explanation for his failure to appear on 13 August 2015, the application for reinstatement was dismissed because the proposed application for leave to appeal lacked merit. The primary judge did not err in finding that the Tribunal complied with the statutory and regulatory requirements for sending the hearing invitation to the authorised recipient and that s 426A permitted the Tribunal to determine the review in the applicant's absence. The complaints about depression, lack of legal representation, and Mr Khan not being permitted to address the Federal Circuit Court did not reveal appellable error or miscarriage of justice.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Application to Reinstate an Application for Leave to Appeal / Federal Court Determination of Application Under R 35.33(2) of the Federal Court Rules 2011 (cth)
Outcome
The application was dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal Hearing Invitation' 'failure to Appear' 'reinstatement After Dismissal for Non Appearance' 'leave to Appeal From Interlocutory Judgment' 'jurisdictional Error']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal Hearing Invitation' 'failure to Appear' 'reinstatement After Dismissal for Non Appearance' 'leave to Appeal From Interlocutory Judgment' 'jurisdictional Error']

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Procedural Posture

Application to Reinstate an Application for Leave to Appeal / Federal Court Determination of Application Under R 35.33(2) of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ['Whether the applicant had an acceptable explanation for failing to appear at the Federal Court hearing on 13 August 2015' 'Whether the application for leave to appeal the Federal Circuit Court decision had merit' "Whether the Tribunal complied with the Migration Act 1958 (Cth) requirements for sending a hearing invitation to the applicant's authorised recipient" 'Whether the Tribunal was entitled under s 426A of the Migration Act 1958 (Cth) to decide the review when the applicant did not attend' "Whether the primary judge's refusal to reinstate the Federal Circuit Court proceeding involved appellable error or miscarriage of justice"]

Ratio Decidendi

Although the applicant provided an acceptable explanation for his failure to appear on 13 August 2015, the application for reinstatement was dismissed because the proposed application for leave to appeal lacked merit. The primary judge did not err in finding that the Tribunal complied with the statutory and regulatory requirements for sending the hearing invitation to the authorised recipient and that s 426A permitted the Tribunal to determine the review in the applicant's absence. The complaints about depression, lack of legal representation, and Mr Khan not being permitted to address the Federal Circuit Court did not reveal appellable error or miscarriage of justice.

Court Disposition

The application was dismissed.

Orders

  • ['The application be dismissed.' 'Order 3 made on 13 August 2015 be vacated.' "The applicant pay the first respondent's costs as agreed or taxed."]