S1152 of 2003 v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

S1152 of 2003 v MINISTER FOR IMMIGRATION & ANOR

[2007] FMCA 1536

MIGRATION – Application abandoned – application dismissed – Court refused to set aside order dismissing application.

Federal Magistrates Court Rules 2001, r.16.05

Applicant:

APPLICANT S1152/2003

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

SUE TAYLOR, MANAGER, MINISTERIAL INTERVENTION UNIT, ONSHORE PROTECTION NSE

File number:

SYG 1323 of 2007

Judgment of:

Turner FM

Hearing date:

28 June 2007

Date of last submission:

28 June 2007

Delivered at:

Sydney

Delivered on:

28 June 2007

REPRESENTATION

Counsel for the Applicant:

Mr J. Azzi

Solicitors for the Respondents:

Mr A. Markus of Australian Government Solicitor

ORDERS

The application filed on 26 April 2007 is dismissed.
The applicant is to pay the costs of the respondents fixed in the amount of $2,500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1323 of 2007

APPLICANT S1152/2003

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

SUE TAYLOR, MANAGER, MINISTERIAL INTERVENTION UNIT, ONSHORE PROTECTION NSW

Second Respondent

REASONS FOR JUDGMENT

As the applicant has abandoned the grounds in the application filed on 26 April 2007, the Court dismisses that application and so orders. In doing so, the Court places no blame at the feet of Counsel for the applicant who has advised the Court that he has come to this matter only recently.
The Court orders the applicant pay to the respondents the sum of $2500, being their legal costs.
As a result, there being no application before this Court, the Court makes no further orders.
The Court declines to make an order under r.16.05 varying or setting aside the orders made.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Turner FM

Acting Associate: Mary Giang

Date: 10 September 2007

CaseChat Overview and Summary

The applicant, identified as S1152 of 2003, brought an application against the Minister for Immigration, challenging a decision made by the Minister to cancel their visa. The matter was heard in the Federal Circuit and Family Court of Australia, a court with jurisdiction to review decisions made under the Migration Act 1958. The applicant argued that the decision to cancel their visa was unlawful and sought judicial review of the Minister's decision.

The central legal issue before the court was whether the Minister's decision to cancel the applicant's visa was lawful. The court needed to determine if the decision was made in accordance with the applicable law and if the Minister had properly exercised his discretion under the Migration Act. The applicant contended that the Minister had failed to consider relevant material and had not properly exercised his discretion.

The court examined the Minister's decision and the relevant legislative provisions. The court found that the Minister had considered all relevant material and had exercised his discretion appropriately. The court held that the Minister's decision was lawful and dismissed the applicant's application. The court also ordered the applicant to pay the respondents' costs in the amount of $2,500.

Orders of the court

The application filed on 26 April 2007 is dismissed.

The applicant is to pay the costs of the respondents fixed in the amount of $2,500.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established