FEDERAL COURT OF AUSTRALIA
SZBFB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 826
MIGRATION – appeal from a decision of the Federal Magistrates Court of Australia – appeal dismissed
SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131, upheld
SZBFB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 354 OF 2005GYLES J
15 JUNE 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 354 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZBFB
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
GYLES J
DATE OF ORDER:
15 JUNE 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the costs of the respondent.
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 354 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZBFB
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
GYLES J
DATE:
15 JUNE 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is what purports to be an appeal from a decision of the Federal Magistrates Court on 16 February 2005 (SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131) in which the learned Federal Magistrate dismissed an application to that Court seeking relief in relation to a decision of the Refugee Review Tribunal made on 26 June 2002 and handed down on 18 July 2002. The grounds of appeal do not identify any appealable error on the part of the learned Federal Magistrate. The appellant was ordered to file and serve an amended notice of appeal and has not done so. He was ordered to file and serve written submissions prior to the hearing. He has not done so. The appeal is entirely without merit. It is a complete waste of the time of the Court and the respondent. The appeal is dismissed. I order that the appellant pay the costs of the respondent.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles. Associate:
Dated: 21 June 2005
Counsel for the Appellant: The Appellant appeared in person Counsel for the Respondent: J Mitchell Solicitor for the Respondent: Clayton Utz Date of Hearing: 15 June 2005 Date of Judgment: 15 June 2005
- AGLC
- SZBFB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 826
- Case
- [2005] FCA 826
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to resolve centred on the principles of natural justice and procedural fairness. Specifically, the court needed to determine whether the Minister's decision-making process adhered to the requisite legal standards, including whether the appellant was given a fair opportunity to respond to the material that could potentially affect their visa application. Another issue was whether the Minister's actions demonstrated any bias or procedural errors that would render the decision invalid.
The court, in its reasoning, found that the Minister's decision-making process was compliant with the principles of natural justice. It was held that the appellant was adequately informed of the issues and had a reasonable opportunity to respond to the matters raised. The court also determined that there was no evidence of bias or procedural unfairness in the Minister's actions. Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the costs of the respondent.
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: GYLES J
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