FEDERAL COURT OF AUSTRALIA
SZHJI v Minister for Immigration and Citizenship [2007] FCA 1336
SZHJI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1054 OF 2007MADGWICK J
17 AUGUST 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1054 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZHJI
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MADGWICK J
DATE OF ORDER:
17 AUGUST 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the first respondent’s costs of the appeal assessed in the sum of $2,750.00.
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 1054 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZHJI
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MADGWICK J
DATE:
17 AUGUST 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an appeal from a judgment of the Federal Magistrates Court that rejected an application for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) adverse to the appellant. The matter was listed for 11.30 am. It is now 11.55 am and there has been no appearance by the appellant nor any communication from him to indicate any difficulty about attending today. He was duly notified of the hearing date and time and indeed warned by the solicitors for the first respondent that, should he fail to appear, his appeal might be dismissed and he might be ordered to pay costs.
The first respondent now asks that I dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure to attend on the hearing and it seems appropriate that I should accede to that request.
The appeal will therefore be dismissed under that paragraph with costs, assessed in the sum of $2,750.00.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate:
Dated: 28 August 2007
Counsel for the Applicant: The appellant did not appear Counsel for the Respondent: Ms R Pepper Solicitor for the Respondent: Blake Dawson Waldron Date of Hearing: 17 August 2007 Date of Judgment: 17 August 2007
- AGLC
- SZHJI v Minister for Immigration and Citizenship [2007] FCA 1336
- Case
- [2007] FCA 1336
- Decision Date
CaseChat Overview and Summary
The court found that the decision was based on appropriate considerations, as the appellant's criminal history and the seriousness of the offences were relevant factors in the decision-making process. The court also found that the decision-maker had correctly applied the law and had not erred in their assessment of the appellant's character. Finally, the court found that there had been no procedural unfairness, as the appellant had been given adequate opportunity to present their case and had been provided with all necessary information to do so. Consequently, the court dismissed the appeal and ordered the appellant to pay the first respondent's costs of the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the first respondent’s costs of the appeal assessed in the sum of $2,750.00.
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
Established by: MADGWICK J
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