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 RespondentREFUGEE 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 RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MIDDLETON J
DATE:
28 MAY 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
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.
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
- AGLC
- SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838
- Case
- [2008] FCA 838
- Decision Date
CaseChat Overview and Summary
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
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Ratio Decidendi
Legal Principle Established
Established by: MIDDLETON J
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