Li v Minister for Immigration and Citizenship [2008] FCA 1687

It was appropriate to dismiss the appeal because the appellant was given adequate notice of the hearing and failed to attend.

Parties: Appellant: Tian Lun Li; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 06 November 2008
Procedural Posture: Appeal / Judgment on Appeal
Outcome: Appeal dismissed for failure to attend hearing.
Legal Topics: Failure to Attend Hearing, Dismissal of Appeal, Notice of Hearing

Case Brief

Summary, issues, holding and outcome

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Tian Lun Li

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Appeal / Judgment on Appeal

1 Whether the appeal should be dismissed for failure to attend a hearing as required by s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth)

It was appropriate to dismiss the appeal because the appellant was given adequate notice of the hearing and failed to attend.

Appeal dismissed for failure to attend hearing.

The appeal be dismissed under section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
The appellant pay the first respondent's costs of and incidental to the appeal, to be taxed in default of agreement.