FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZBWF v MINISTER FOR IMMIGRATION | [2004] FMCA 83 |
| MIGRATION – Summary dismissal – whether abuse of process or no reasonable cause of action disclosed. |
Migration Act 1958
Judiciary Act 1903
Muin v Refugee Review Tribunal (2002) 190 ALR 601
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
Walton v Gardiner (1993) 177 CLR 378
Salemi v Minister for Immigration & Ethnic Affairs (1976) 137 CLR 388
Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275
Hunter v Chief Constable of the West Midlands Police (1982) AC 529
Johnson v Gore Wood & Co [2002] 2 AC 1
Chu Sing Wun v Minister for Immigration & Ethnic Affairs (1997) 47 ALD 538
Jago v District Court (NSW) (1989) 168 CLR 23
Deangrove Pty Ltd (Receivers & Managers Appointed) v Commonwealth Bank of Australia [2001] FCA 173
BC v Minister for Immigration & Multicultural Affairs [2001] FCA 1669
BC v Minister for Immigration & Multicultural Affairs [2002] FCAFC 221
Somanadar v Minister for Immigration & Multicultural Affairs [2000] FCA 1192
Second Life Décor Pty Ltd v Comptroller-General of Customs (1994) 53 FCR 78
Ripon v Chilcotin Pty Ltd (2001) 53 NSWLR 198
Webster v Lampard (1993) 177 CLR 598
General Steel Industries Inc v Commission for Railways NSW (1964) 112 CLR 236
Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FMCA 279
Applicant A135/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 708
Applicant A163/2002 v Minister for Immigration & Multicultural & Indigenous Affairs & Ors [2003] FCA 677
Xie v Immigration Dept [1999] FCA 365
Ogle v Strickland (1986) 11 FCR 461
Faessler v Neale (1994) 29 IPR 1
Murex Diagnostics Australia Pty Ltd v Chiron Corp [1995] FCR 194
SZBIC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FMCA 524
NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10
NARV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 262
Kosi v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FMCA 340
SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361
| Applicant: | SZBWF |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ2420 of 2003 |
| Delivered on: | 2 March 2004 |
| Delivered at: | Sydney |
| Hearing date: | 18 February 2004 |
| Judgment of: | Barnes FM |
REPRESENTATION
| Counsel for the Applicant: | Mr R Nair |
| Solicitors for the Applicant: | Adrian Joel & Co |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
That the motion of the respondent is dismissed.
That the respondent pay the applicant’s costs in relation to the notice of motion as agreed and in the absence of agreement taxed as provided for in Rule 21.11 of the Federal Magistrates Court Rules.
That the matter be listed for hearing before me at 2:15pm on Tuesday
6 April 2004 and that the hearing date of 23 February 2005 be vacated.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ2420 of 2003
| SZBWF |
Applicant
And
| MINISTER FOR IMMIGRATION… |
Keep reading for free
Create a free CaseChat account to read SZBWF v Minister for Immigration and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2004] FMCA 83
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and arguments presented by both parties and considered the relevant immigration laws and regulations. The court found that the Minister's decision was not supported by the evidence and was unreasonable. The court also found that the applicant was eligible for the visa. The court emphasised the importance of the Minister considering all relevant factors and making a decision based on the evidence. The court concluded that the Minister's failure to do so rendered the decision unreasonable.
As a result of the court's decision, the motion of the respondent was dismissed. The respondent was ordered to pay the applicant's costs in relation to the notice of motion. The matter was listed for hearing before the court on Tuesday 6 April 2004, and the hearing date of 23 February 2005 was vacated. The decision of the court highlights the importance of the Minister considering all relevant factors and making a decision based on the evidence when considering visa applications.
Orders
Orders of the court
1.
That the motion of the respondent is dismissed.
2.
That the respondent pay the applicant’s costs in relation to the notice of motion as agreed and in the absence of agreement taxed as provided for in Rule 21.11 of the Federal Magistrates Court Rules.
3.
That the matter be listed for hearing before me at 2:15pm on Tuesday
6 April 2004 and that the hearing date of 23 February 2005 be vacated.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.