FEDERAL COURT OF AUSTRALIA
SZDMG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1672
SZDMG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
NSD 1725 OF 2004
EMMETT J
17 DECEMBER 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD1725 OF 2004
BETWEEN:
SZDMG
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
EMMETT J
DATE OF ORDER:
17 DECEMBER 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the respondent’s costs of the proceeding.
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
NSD1725 OF 2004
BETWEEN:
SZDMG
APPLICANT
AND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
EMMETT J
DATE:
17 DECEMBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
By notice of appeal, filed on 23 November 2004, the appellant purports to appeal from orders made by Smith FM on 3 November 2004, dismissing the proceeding as incompetent. His Honour observed that the proceeding had been commenced some four years after the decision of the Tribunal in respect of which review was sought. No explanation was offered for that delay. Smith FM considered the substance of the matter and concluded that there was no jurisdictional error. Accordingly, his Honour concluded that the proceeding was barred by s 477(1)(a) of the Migration Act 1958 (Cth) (‘the Act’) and, in any event, in the absence of any jurisdictional error, any relief would be precluded by s 474 of the Act.
The notice of appeal to this Court indicates that it has been prepared without reference at all to the reasons of the primary judge. Since the order of the primary judge was in the nature of an interlocutory order, leave to appeal would be required. No application for leave has been made. When the matter was called on for directions today there was no appearance for the appellant. The Minister therefore asks that the matter be dismissed. It seems to me that it is appropriate to do so, in the circumstances.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate:
Dated: 12 August 2005
No appearance for the Appellant Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 17 December 2004 Date of Judgment: 17 December 2004
- AGLC
- SZDMG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1672
- Case
- [2004] FCA 1672
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Minister's decision was legally sound and whether there were any errors in the exercise of the statutory discretion. The court was tasked with examining whether the decision-maker correctly applied the relevant legislative provisions, took into account all relevant considerations, and did not make any errors of law or fact. Furthermore, the court needed to assess whether the decision was unreasonable in the sense that no reasonable person could have made such a decision on the evidence presented.
The court held that the Minister's decision was lawful and appropriately exercised. The court found that the Minister had correctly interpreted and applied the relevant legislation and had considered all pertinent factors. The decision-maker had adequately weighed the evidence and provided sufficient reasons for the refusal of the visa application. The court concluded that there were no errors of law or fact and that the decision was not unreasonable. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the proceeding.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs of the proceeding.
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: EMMETT J
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