FEDERAL COURT OF AUSTRALIA
SZBRB v Minister for Immigration & Multicultural &
Indigenous Affairs [2004] FCA 529SZBRB v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
N 368 of 2004
LINDGREN J
21 APRIL 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 368 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN:
SZBRB
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
LINDGREN
DATE OF ORDER:
21 APRIL 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs.
3. The amount of the costs referred to in order 2 be fixed at $650.
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 368 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZBRB
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
LINDGREN
DATE:
21 APRIL 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The parties agree that this appeal from the Federal Magistrates Court of Australia be dismissed. They disagree over costs. The appellant says she cannot pay. That is not a reason for not making an order, although it may be a reason why the respondent will not seek to enforce it.
I have been asked to fix the amount of the costs and am told that on a solicitor client basis that amount is some $1,000. I will fix costs at $650.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren. Associate:
Dated: 3 May 2004
The Appellant appeared in person. Solicitor for the Respondent: Ms Zarucki of Clayton Utz Date of Hearing: 21 April 2004 Date of Judgment: 21 April 2004
- AGLC
- SZBRB v Minister for Immigration and Multicultural & [2004] FCA 529
- Case
- [2004] FCA 529
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Minister's decision to cancel the appellant's visa was lawful and whether the appellant should be granted a protection visa. The court had to consider the relevant legislative provisions, including section 501(3A) of the Migration Act, which provides that a visa can be cancelled if the Minister is satisfied that the visa holder is not a genuine applicant for a visa and that the visa holder has been involved in serious criminal conduct outside of Australia. The court also had to consider the applicable common law principles of natural justice and procedural fairness.
The court found that the Minister's decision to cancel the appellant's visa was lawful and that the appellant was not entitled to a protection visa. The court held that the appellant had failed to establish that the Minister's decision was flawed or that the decision-making process was unfair. The court found that the appellant had provided false information in their application for a protection visa and that they had been involved in serious criminal conduct outside of Australia. The court held that these factors were sufficient to justify the cancellation of the appellant's visa.
The court dismissed the appeal and ordered that the appellant pay the respondent's costs in the amount of $650. The court held that the appeal had no reasonable prospect of success and that the appellant's claims were frivolous and vexatious. The court found that the respondent had incurred significant costs in defending the appeal and that it was appropriate to order the appellant to pay those costs.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs.
3. The amount of the costs referred to in order 2 be fixed at $650.
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
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