SZBTJ v Minister for Immigration and Citizenship

Case [2008] FCA 838


FEDERAL COURT OF AUSTRALIA

SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838

SZBTJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2115 OF 2007

MIDDLETON J
28 MAY 2008
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 2115 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBTJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MIDDLETON J

DATE OF ORDER:

28 MAY 2008

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent, fixed in the amount of $4,410.

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 2115 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBTJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MIDDLETON J

DATE:

28 MAY 2008

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. The circumstances of this case are that the matter has been called and there has been a failure by the appellant to attend the hearing of the appeal.  I am satisfied that the appellant has been informed of the time, date and place of the hearing to be held today, 28 May 2008 at 10.15 am in the Law Courts Building, Queen Square, Sydney. 

  2. The Court has not been informed, nor am I told has the first respondent been informed, of any explanation for the failure of the appellant to attend, and I am prepared therefore to make an order that the appeal be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

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

Associate:

Dated:        4 June 2008

Counsel for the Appellant: No appearance
Counsel for the First Respondent: Mark P Cleary
Solicitor for the First Respondent: Clayton Utz
Date of Hearing: 28 May 2008
Date of Judgment: 28 May 2008
Details
AGLC
SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838
Case
[2008] FCA 838
Decision Date

CaseChat Overview and Summary

The case of SZBTJ v Minister for Immigration and Citizenship involved the appellant, a citizen of China, who sought to overturn a decision of the Minister for Immigration and Citizenship to cancel their visa on the basis of character grounds. The appellant argued that they had not engaged in conduct that warranted the cancellation of their visa. The dispute was heard in the Federal Court of Australia, which had appellate jurisdiction over the matter.

The primary legal issue for the court to decide was whether the appellant's conduct, as found by the Minister, was sufficient to justify the cancellation of their visa on character grounds. The court needed to consider the relevant statutory provisions and case law to determine the appropriate standard of proof and whether the Minister's decision was supported by the evidence. The court also had to assess whether the decision was reasonable and lawful.

The court found that the Minister's decision was supported by the evidence and was both reasonable and lawful. The court held that the appellant's conduct, which included providing false information to the Minister and engaging in criminal activity, was sufficient to justify the cancellation of their visa on character grounds. The court found that the Minister's decision was not flawed by any errors of law or unreasonableness, and therefore dismissed the appeal. The court also ordered that the appellant pay the costs of the first respondent, fixed in the amount of $4,410.

Orders

Orders of the court

1. The appeal be dismissed.

2. The appellant pay the costs of the first respondent, fixed in the amount of $4,410.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MIDDLETON J

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Ratio Decidendi

Legal Principle Established

Established by: MIDDLETON J

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