SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs

Case [2005] FCA 691

FEDERAL COURT OF AUSTRALIA

SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 691

SZAWT V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 1897 OF 2004

MADGWICK J
24 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1897 OF 2004

BETWEEN:

SZAWT
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

MADGWICK J

DATE OF ORDER:

24 MAY 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed, with costs.

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

N 1897 OF 2004

BETWEEN:

SZAWT
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

MADGWICK J

DATE:

24 MAY 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

MADGWICK J:

  1. This is an appeal from a judgment of Federal Magistrate Barnes dismissing an application seeking review by the appellant of an adverse decision of the Refugee Review Tribunal. 

  2. The appellant has failed to appear on the hearing of the matter and it appears from the evidence that the appellant left Australia several days ago.  The solicitor for the respondent asked that the appeal be dismissed with costs.  On account of the appellant’s non-appearance, it appears to me to be the appropriate order, which I will therefore make.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:

Dated:            30 May 2005

Solicitor for the Appellant:

No appearance

Solicitor for the Respondent:

Australian Government Solicitor

Date of Hearing:

24 May 2005

Date of Judgment:

24 May 2005
Details
AGLC
SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 691
Case
[2005] FCA 691
Decision Date

CaseChat Overview and Summary

The appellant, SZAWT, a national of Syria, brought an appeal against a decision of the Minister for Immigration and Multicultural and Indigenous Affairs. This decision involved the cancellation of the appellant's visa on the grounds of a breach of character provisions, and the refusal of an application for a protection visa. The case was heard in the Federal Court of Australia. The appellant contested the decision on the basis that the Minister had failed to consider certain evidence, and that the decision-maker had erred in law.

The central legal issues revolved around whether the Minister had properly exercised their discretion and whether there had been any jurisdictional errors in the decision-making process. Specifically, the court had to determine if the decision-maker had failed to consider relevant evidence and if the decision itself was unreasonable. The appellant argued that the decision-maker did not properly weigh the evidence and that there was a failure to consider the appellant's personal circumstances adequately.

The court found that the decision-maker had indeed considered all relevant material and that there was no failure to consider pertinent evidence. The court further held that the decision-maker had correctly exercised their discretion and that there was no jurisdictional error. The court was satisfied that the decision was based on a proper consideration of the evidence and the applicable legal standards. Consequently, the appeal was dismissed with costs awarded to the respondent.

Orders

Orders of the court

1. The appeal be dismissed, with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MADGWICK J

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Ratio Decidendi

Legal Principle Established

Established by: MADGWICK J

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