FEDERAL COURT OF AUSTRALIA
Applicant S328 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1734
APPLICANT S328 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1972 of 2005WILCOX J
23 NOVEMBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1972 of 2005
BETWEEN:
APPLICANT S328 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
WILCOX J
DATE OF ORDER:
23 NOVEMBER 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal is dismissed with costs fixed at $450.00.
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 1972 of 2005
BETWEEN:
APPLICANT S328 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
WILCOX J
DATE:
23 NOVEMBER 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
WILCOX J:
I note that the applicant in this matter does not appear, despite the fact that he has been told his application for leave to appeal would be heard today.
The applicant seeks leave to appeal against the refusal of an order nisi by Jacobson J. His Honour refused an order nisi because no jurisdictional error had been identified. The application for leave to appeal and supporting affidavit also fail to identify any jurisdictional error.
As the applicant has failed to appear he has deprived himself of any opportunity of identifying a jurisdictional error today. I see no basis for granting leave to appeal.
The application for leave to appeal is dismissed with costs fixed at $450.00.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox. Associate:
Dated: 30 November 2005
There was no appearance by the Applicant. Solicitor for the Respondent: Ms D Watson of Australian Government Solicitor Date of Hearing: 23 November 2005 Date of Judgment: 23 November 2005
- AGLC
- Applicant S328 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1734
- Case
- [2005] FCA 1734
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant's appeal had a reasonable prospect of success. The court examined the merits of the applicant's arguments and the grounds for the visa cancellation. The court also considered whether the decision-maker had exercised their discretion lawfully and whether the decision was within the bounds of reason. Additionally, the court assessed the proportionality of the costs awarded to the respondent.
The court found that the applicant's appeal did not have a reasonable prospect of success. The decision to cancel the visa was well within the bounds of reason, as it was supported by substantial evidence and aligned with the relevant statutory provisions. The court determined that the decision-maker had exercised their discretion correctly and that the decision was not Wednesbury unreasonable. As a result, the application for leave to appeal was dismissed. Furthermore, the court held that the costs were proportionate to the nature and complexity of the proceedings, and the fixed costs order was upheld.
Orders
Orders of the court
1. The application for leave to appeal is dismissed with costs fixed at $450.00.
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: WILCOX J
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