Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQPE v Minister for Immigration and Citizenship [2012] FCA 544 Citation: SZQPE v Minister for Immigration and Citizenship [2012] FCA 544
Appeal from: SZQPE v Minister for Immigration [2012] FMCA 174
Parties: SZQPE v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 362 of 2012
Judge: FLICK J
Date of judgment: 29 May 2012
Catchwords: MIGRATION – failure of Appellant to appear – power to proceed in appellant's absence – desirability of not dismissing appeal with merit – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 25 Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) 36.11, 36.74 and 36.75 Federal Court Rules 1976 (Cth) O 52 r 38A
Cases cited: A v Minister for Immigration and Multicultural Affairs [1999] FCA 630, cited Abebe v Commonwealth of Australia (1999) 197 CLR 510, cited Barzideh v Minister for Immigration and Ethnic Affairs (1997) 72 FCR 337, cited Brehoi v Minister for Immigration & Multicultural Affairs [2001] FCA 931, cited Gonzalez-Servin v Ford Motor Co 662 F3d 931 (7th cir) (2011), cited In Marriage of F [2001] FamCA 348, 161 FLR 189, cited Neil v Nott (1994) 121 ALR 148, cited Refugee Tribunal, Re; Ex Parte HB [2001] HCA 34, 179 ALR 513, considered Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 995, cited SZGWR v Minister for Immigration and Citizenship [2007] FCA 1306, cited SZJLH v Minister for Immigration and Citizenship [2008] FCA 626, cited SZJNR v Minister for Immigration & Citizenship [2007] FCA 1724, cited SZJOG v Minister for Immigration and Citizenship [2010] FCA 244, cited SZKDC v Minister for Immigration and Citizenship [2008] FCA 164, cited SZKUZ v Minister for Immigration & Citizenship [2008] FCA 227, cited SZOBU v Minister for Immigration and Citizenship [2010] FCA 568, cited SZOHY v Minister for Immigration and Citizenship [2010] FCA 1267, cited SZOZG v Minister for Immigration and Citizenship [2011] FCA 756, cited SZPAB v Minister for Immigration and Citizenship [2011] FCA 1253, cited SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91, cited SZQPE v Minister for Immigration and Citizenship [2012] FMCA 174, affirmed Justice R D Nicholson, 'Administrative Issues in Refugee Law' (2001) 28 AIAL Forum 40
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