FEDERAL COURT OF AUSTRALIA
SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 261
SZBDA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 180 of 2005
JACOBSON J
10 MARCH 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 180 OF 2005
BETWEEN:
SZBDA
APPLICANTAND:
MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
JACOBSON J
DATE OF ORDER:
10 MARCH 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed, pursuant to s25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth);
2.The appellant to pay the respondent’s costs, fixed in the amount of $300.00.
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
N 180 OF 2005
BETWEEN:
SZBDA
APPLICANTAND:
MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
JACOBSON J
DATE:
10 MARCH 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This matter was listed for directions today. The appellant filed a notice of appeal on 9 February 2005. The notice of appeal states that a directions hearing was to take place today at 9.30 am.
The matter was called outside the Court at 9.30 am but there was no appearance by the appellant. It is now 9.50 am and there is still no appearance. Ms Gray, who appears for the Minister asks me to exercise my powers under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) to dismiss the appeal. It seems to me to be appropriate that I exercise my powers accordingly. I will therefore order pursuant to section 25(2B)(bb)(ii), that the appeal be dismissed.
I will order that the appellant pay the Minister's costs of the proceeding fixed, pursuant to the rules, in the amount of $300.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. Associate:
Dated: 16 March 2005
Counsel for the Applicant: The Applicant did not appear Counsel for the Respondent: Ms Gray Solicitor for the Respondent: Sparke Helmore Date of Hearing: 10 March 2005 Date of Judgment: 10 March 2005
- AGLC
- SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 261
- Case
- [2005] FCA 261
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address included whether the Minister's decision was lawful, rational, and supported by sufficient evidence. It was also necessary to examine if the refusal was within the statutory powers of the Minister, and whether there were any procedural errors or jurisdictional mistakes that could affect the decision's validity. Additionally, the court had to assess the appropriateness of the costs awarded by the lower court.
In delivering the judgment, the court held that the Minister's decision was lawful, rational, and supported by evidence. The court found no procedural errors or jurisdictional mistakes, and therefore, the decision to refuse the visa was valid. Furthermore, the court considered the costs awarded by the lower court to be appropriate and dismissed the appeal. Consequently, the appellant was ordered to pay the respondent's costs in the amount of $300.00.
Orders
Orders of the court
1. The appeal be dismissed, pursuant to s25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth);
2. The appellant to pay the respondent’s costs, fixed in the amount of $300.00.
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: JACOBSON J
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