SZBMF v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA
SZBMF v Minister for Immigration & Multicultural Affairs
[2006] FCA 991
SZBMF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 984 OF 2006
RARES J
11 JULY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 984 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBMF
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

RARES J

DATE OF ORDER:

11 JULY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.        The application for leave to appeal be dismissed with costs.
2.        Costs be fixed in the sum of $800.
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 984 OF 2006

ON APPEAL FROM T HE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBMF
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

RARES J

DATE:

11 JULY 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

This matter was called outside the Court when listed for hearing this morning. The applicant has not appeared. In an affidavit of Sharon Anne Burnett sworn 3 July 2006, she deposes that the applicant left Australia on 7 June 2006 and as at 22 June 2006, the records of the Department of Immigration and Multicultural Affairs do not reveal that the applicant has returned to Australia.
Pursuant to my powers under s 25(2)B(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), I order that the application for leave to appeal be dismissed with costs fixed in the sum of $800.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.
Associate:
Dated: 3 August 2006

The Applicant: No appearance

Solicitor for the Respondent: Clayton Utz

Date of Hearing: 11 July 2006

Date of Judgment: 11 July 2006

CaseChat Overview and Summary

The case of SZBMF v Minister for Immigration & Multicultural Affairs involved the applicant, a citizen of China, who sought leave to appeal a decision by the Minister for Immigration and Multicultural Affairs to cancel their visa. The primary legal issue before the court was whether the tribunal had exercised its discretion to remit the matter to the delegate in an unreasonable manner, which would have constituted an error of law. The court also needed to determine whether the tribunal had correctly applied the relevant statutory provisions in reaching its decision.

The court held that the tribunal had exercised its discretion appropriately and had not made an error of law. The tribunal had considered all relevant factors in deciding whether to remit the matter to the delegate, including the merits of the case and the interests of justice. The court found that the tribunal's decision was not unreasonable and that it had applied the correct legal principles in reaching its conclusion. As such, the application for leave to appeal was dismissed with costs. The court ordered that costs be fixed in the sum of $800.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 984 OF 2006

BETWEEN:	SZBMF APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	RARES J
DATE OF ORDER:	11 JULY 2006
WHERE MADE:	SYDNEY

The Applicant:	No appearance
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	11 July 2006
Date of Judgment:	11 July 2006