SZFBP v Minister for Immigration and Multicultural and Indigenous Affairs

FEDERAL COURT OF AUSTRALIA
SZFBP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 681
SZFBP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & REFUGEE REVIEW TRIBUNAL
NSD 2629 OF 2005
BENNETT J
9 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 2629 OF 2005

BETWEEN:

SZFBP
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

BENNETT J

DATE OF ORDER:

9 MAY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.that the hearing listed for 10 May 2006 be vacated.

2.the appeal is dismissed with costs.

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

NSD2629 OF 2005

BETWEEN:

SZFBP
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

BENNETT J

DATE:

9 MAY 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

This is an appeal against a judgment of a Federal Magistrate of 2 December 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 5 October 2004.
The first respondent seeks a formal order for the hearing to be vacated on the basis that the appellant has left the country. I note the affidavit of Ms Kramer, which establishes that the appellant was notified of the directions hearing this morning. The matter has been called outside the Court and there is no appearance for the appellant.
The affidavit of Mr Bird annexes a document, which, I am informed, records the movements of the appellant in and out of Australia. The most recent record of 24 February 2006 indicates that the appellant had departed the country on a class of visa that does not permit re-entry until a fresh visa is obtained.
I am satisfied that the appellant will not be attending the hearing and that he has in fact departed the country.
The hearing listed for tomorrow is vacated. The appeal is dismissed with costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bennett.

Associate:
Dated: 9 May 2006

Solicitor for the Respondent:

J Bird, Phillips Fox

Date of Directions Hearing:

9 May 2006

Date of Judgment:

9 May 2006

CaseChat Overview and Summary

The case of SZFBP v Minister for Immigration and Multicultural and Indigenous Affairs involved a person from the initials SZFBP who was appealing against a decision made by the Minister for Immigration and Multicultural and Indigenous Affairs. The dispute centred on the legality of the Minister's decision to refuse an application for a visa and to order the individual's removal from Australia. This case was heard in the Federal Court of Australia.

The primary legal issues the court needed to address were whether the Minister's decision was lawful, reasonable, and in accordance with the applicable legislation and regulations. The applicant argued that the Minister had failed to consider relevant information and had acted in an arbitrary and irrational manner. The Minister, on the other hand, maintained that the decision was made in accordance with the law and was justified based on the facts before the Minister.

The court found that the Minister's decision was lawful and reasonable, and that there was no basis to interfere with the Minister's discretion. The court held that the Minister had considered all relevant factors and that the decision was not irrational or arbitrary. The court also noted that the applicant had not demonstrated that the decision was based on an error of law or that it was otherwise flawed. Consequently, the appeal was dismissed, and the hearing scheduled for 10 May 2006 was vacated. Additionally, the court ordered the applicant to pay the costs of the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2629 OF 2005

BETWEEN:	SZFBP APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS FIRST RESPONDENT REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
JUDGE:	BENNETT J
DATE OF ORDER:	9 MAY 2006
WHERE MADE:	SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2629 OF 2005

JUDGE:	BENNETT J
DATE:	9 MAY 2006
PLACE:	SYDNEY

Solicitor for the Respondent:	J Bird, Phillips Fox
Date of Directions Hearing:	9 May 2006
Date of Judgment:	9 May 2006