FEDERAL COURT OF AUSTRALIA
SZDVD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1560
MIGRATION – appeal from decision of Federal Magistrates Court of Australia – no appearance by appellant – appeal dismissed
Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)(ii)
SZDVD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1711 OF 2005GYLES J
31 OCTOBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1711 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZDVD
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
GYLES J
DATE OF ORDER:
31 OCTOBER 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant is to pay the respondent’s costs fixed in the amount of $1,500.00.
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 1711 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZDVD
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
GYLES J
DATE:
31 OCTOBER 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The circumstances of this matter have been outlined by the solicitor for the respondent. They involve several fixtures, this last fixture both having been fixed and notified with a view to bringing the matter to a head. I am satisfied that s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) gives me power to dismiss the proceeding. It is not entirely clear to me how O 52, particularly r 38 and r 38A, of the Federal Court Rules, interrelate to that provision. However, under the circumstances, I am satisfied that the failure to attend this hearing is an appropriate ground for dismissal.
I make orders in accordance with the short minutes of order which I have initialled and placed with the papers.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles. Associate:
Dated: 3 November 2005
Counsel for the Appellant: The Appellant did not appear Solicitor for the Respondent: B Mendelsohn, Blake Dawson Waldron Date of Hearing: 31 October 2005 Date of Judgment: 31 October 2005
- AGLC
- SZDVD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1560
- Case
- [2005] FCA 1560
- Decision Date
CaseChat Overview and Summary
The court examined the tribunal’s decision-making process and the evidence provided by the appellant. It found that the tribunal had thoroughly considered the evidence and had appropriately assessed the appellant’s credibility. The court held that the tribunal's decision was supported by substantial evidence and that there was no basis to interfere with the tribunal's conclusions. The court further determined that the appellant had not satisfied the necessary criteria for a protection visa, as the evidence did not sufficiently establish the appellant’s fear of persecution if returned to their country of origin. Consequently, the appeal was dismissed. The appellant was ordered to pay the respondent’s costs, which were fixed at $1,500.00.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant is to pay the respondent’s costs fixed in the amount of $1,500.00.
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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