FEDERAL COURT OF AUSTRALIA
Applicant A103/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1757
APPLICANT A103/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 2087 OF 2006MOORE J
14 DECEMBER 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2087 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
APPLICANT A103/2003
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE OF ORDER:
14 DECEMBER 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application of 25 October 2006 be dismissed.
2.The applicant pay the first respondent's costs fixed in the sum of $700.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2087 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
APPLICANT A103/2003
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE:
14 DECEMBER 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for leave to appeal from a judgment of a Federal Magistrate of 4 October 2006: see Applicant A103/2003 v Minister for Immigration [2006] FMCA 1470. There has been no appearance by the applicant. An earlier request by the applicant to appear by telephone was refused. The applicant was aware that his personal appearance was required. I propose to dismiss the application. It is not apparent to me that the Federal Magistrate erred in concluding that the application was both incompetent and an abuse of process. I dismiss the application for leave to appeal and order that the applicant pay the first respondent’s costs. I fix those costs in the sum of $700.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Moore . Associate:
Dated: 20 December 2006
The Applicant did not appear. Solicitor for the Respondent: Sparke Helmore Date of Hearing: 14 December 2006 Date of Judgment: 14 December 2006
- AGLC
- Applicant A103/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1757
- Case
- [2006] FCA 1757
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Minister's decision to cancel the applicant's visa was lawful and supported by proper consideration of all relevant evidence. The court had to examine whether the Minister had exercised their discretion correctly, and whether the decision was made in accordance with the Migration Act 1958. The court also needed to consider whether there were any jurisdictional errors or procedural irregularities in the decision-making process.
The court found that the Minister's decision was lawful and properly exercised. The court was satisfied that the Minister had considered all relevant evidence and exercised their discretion correctly. The court found no jurisdictional errors or procedural irregularities in the decision-making process. Therefore, the court dismissed the applicant's application and ordered that the applicant pay the Minister's costs in the sum of $700.
Orders
Orders of the court
1. The application of 25 October 2006 be dismissed.
2. The applicant pay the first respondent's costs fixed in the sum of $700.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MOORE J
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