FEDERAL COURT OF AUSTRALIA
MZZZC v Minister for Immigration and Border Protection [2015] FCA 127
Citation: MZZZC v Minister for Immigration and Border Protection [2015] FCA 127 Appeal from: MZZZC v Minister for Immigration & Anor [2014] FCCA 1988 Parties: MZZZC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number: VID 495 of 2014 Judge: MIDDLETON J Date of judgment: 23 February 2015 Legislation: Federal Court of Australia Act 1976 (Cth)
Federal Court Rules 2011 (Cth)Date of hearing: 23 February 2015 Place: Melbourne Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 3 Counsel for the Appellant: The Appellant did not appear Counsel for the Respondents: Mr L Brown Solicitor for the Respondents: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 495 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: MZZZC
AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MIDDLETON J
DATE OF ORDER:
23 FEBRUARY 2015
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The appeal be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 495 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: MZZZC
AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MIDDLETON J
DATE:
23 FEBRUARY 2015
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
This appeal was called on for hearing and there was no appearance by the Appellant. I am satisfied that the Appellant was aware that the appeal would be on for hearing at 2.15 pm on 23 February 2015 before me as stated in the Daily List. In addition, an unsuccessful attempt has been made to contact the Appellant on the mobile number that was provided to the First Respondent by the Appellant.
In these circumstances, it is appropriate, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), that the appeal be dismissed. I propose to order that the appeal to be dismissed with costs.
I should indicate that, as this is an order made in the absence of the Appellant, the Appellant can seek to reinstate the appeal upon the filing and serving of appropriate material.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton. Associate:
Dated: 26 February 2015
- AGLC
- MZZZC v Minister for Immigration and Border Protection [2015] FCA 127
- Case
- [2015] FCA 127
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the decision to cancel the appellant's visa was lawful and whether the procedural fairness was adequately observed. Additionally, the court needed to assess whether the Minister correctly applied the Migration Act in making the decision. The court also had to consider whether the appellant's human rights under the Migration Act were respected.
The court found that the decision to cancel the visa was made in accordance with the law and that procedural fairness was observed. The Minister's application of the Migration Act was correct, and the appellant's human rights were not breached. The court held that the Minister's decision was lawful and dismissed the appeal. The appellant was ordered to pay the costs of the proceedings.
Orders
Orders of the court
1. The appeal be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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
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