FEDERAL COURT OF AUSTRALIA
SZCKC v Minister for Immigration and Multicultural and Indigenous Affairs
[2006] FCA 962
SZCKC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL
NSD2357 OF 2005
COWDROY J
13 JULY 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2357 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZCKC
Appellant
AND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE OF ORDER:
13 JULY 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
The appeal be dismissed.
The applicant pay the respondent’s costs in the sum of $4,000.
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 2357 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZCKC
Applicant
AND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE:
13 JULY 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
1 In this matter the appellant has failed to appear at the time appointed for the hearing of his appeal. Although the Court has waited half an hour in case he was delayed, the appellant has not arrived. The appellant has not contacted the Court to indicate that he was unable to attend.
2 Accordingly, the respondent seeks an order that the proceedings be dismissed, pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth), with costs in the amount of $4,000. Since the appellant has not appeared, I will make that order.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy.
Associate:
Dated: 28 July 2006
Counsel for the Applicant: The applicant did not appear. Counsel for the First Respondent: Ms S A Sirtes Solicitor for the First Respondent: Clayton Utz Date of Hearing: 13 July 2006 Date of Judgment: 13 July 2006
- AGLC
- SZCKC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 962
- Case
- [2006] FCA 962
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Minister's decision was unreasonable and whether the Minister had failed to consider all relevant matters. The court was required to examine the decision-making process and the evidence presented to determine if the decision was lawful and if all relevant considerations had been taken into account. The applicant argued that the Minister had not properly considered the impact of the visa cancellation on their family and personal circumstances.
The court dismissed the appeal, finding that the Minister's decision was lawful and that all relevant matters had been considered. The court held that the Minister had not erred in law or failed to consider relevant factors. The court also found that the decision to cancel the visa was within the Minister's statutory powers and that the decision was reasonable in the circumstances. Consequently, the appeal was dismissed, and the applicant was ordered to pay the respondent's costs in the sum of $4,000.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
The applicant pay the respondents costs in the sum of $4,000.
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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