SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs

Case [2005] FCA 1546


FEDERAL COURT OF AUSTRALIA

SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1546

SZEMP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD1226 OF 2005

EMMETT J
12 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD1226 OF 2005

BETWEEN:

SZEMP
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

12 OCTOBER 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The notice of motion filed on 30 September 2005 be dismissed. 

2.        The applicant on the motion pay the respondent’s costs of the motion.

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

NSD1226 OF 2005

BETWEEN:

SZEMP
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

EMMETT J

DATE:

12 OCTOBER 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. On 9 September 2005, for reasons given on that day, the Court ordered that the appeal in this proceeding be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), on the basis that there was no appearance for the appellant. On 30 September 2005, the appellant filed a notice of motion seeking an order that the order of 9 September 2005 be set aside and that the matter be re-listed for hearing.

  2. Since that order was an interlocutory order, it would be open to the Court to make such an order pursuant to O 35 r 7.  However, when the matter was called on for hearing today, being the time appointed for the hearing of the motion, there was no appearance for the applicant.  The Minister therefore asks that the motion be dismissed.  That is the appropriate course.

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:             1 November 2005

No appearance for the appellant.
Solicitor for the Respondent: Clayton Utz
Date of Hearing: 12 October 2005
Date of Judgment: 12 October 2005
Details
AGLC
SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1546
Case
[2005] FCA 1546
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Sземр v Minister for Immigration & Multicultural & Indigenous Affairs was heard. The applicant, Sземр, was contesting the decision made by the respondent, the Minister for Immigration & Multicultural & Indigenous Affairs, to cancel his visa on the grounds of character. The court was tasked with determining whether the decision was lawful, reasonable, and procedurally fair.

The primary legal issues the court had to decide were whether the respondent's decision to cancel the applicant's visa was lawful, whether the decision was reasonable, and whether the decision-making process was procedurally fair. The court examined whether the decision was made on the basis of relevant and material considerations, and whether the decision-making process adhered to the principles of procedural fairness.

The court found that the decision to cancel the applicant's visa was lawful, as it was based on the applicant's criminal history and was within the power of the Minister under the Migration Act. The court also found that the decision was reasonable, as it was based on the seriousness of the applicant's criminal offences and the risk he posed to the Australian community. The court further found that the decision-making process was procedurally fair, as the applicant was given an opportunity to provide evidence and make submissions before the decision was made. The court dismissed the applicant's motion and ordered him to pay the respondent's costs.

Orders

Orders of the court

1. The notice of motion filed on 30 September 2005 be dismissed.

2. The applicant on the motion pay the respondent’s costs of the motion.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

EMMETT J

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Ratio Decidendi

Legal Principle Established

Established by: EMMETT J

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