FEDERAL COURT OF AUSTRALIA
SZITQ v Minister for Immigration and Citizenship [2007] FCA 1227
SZITQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 778 OF 2007
BRANSON J
30 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 778 OF 2007
BETWEEN:
SZITQ
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE OF ORDER:
30 JULY 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the costs of the first respondent fixed in the sum of $800.00.
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 778 OF 2007
BETWEEN:
SZITQ
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE:
30 JULY 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for leave to appeal from an interlocutory judgment of the Federal Magistrates Court pronounced by Federal Magistrate Driver on 16 April 2007.
The applicant was not in the court room when the matter was called at approximately 2:20 pm. The applicant was still not in the court room at 2:35 pm.
I am satisfied that the Court has given notice of the date and time of today’s hearing by correspondence sent to the applicant at the address given on his application for leave to appeal. The representative of the Minister has also confirmed that advice has been sent to the applicant that he should be in Court today at 2:15 pm.
In the circumstances I accede to the request made by the Minister’s representative that the application be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia
Act 1976 (Cth) because of the failure of the applicant to attend the hearing.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson. Associate:
Dated: 13 August 2007
Counsel for the Applicant: The Applicant did not appear Counsel for the Respondent: Mr P Reynolds Solicitor for the Respondent: Clayton Utz Date of Hearing: 30 July 2007 Date of Judgment: 30 July 2007
- AGLC
- SZITQ v Minister for Immigration and Citizenship [2007] FCA 1227
- Case
- [2007] FCA 1227
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Minister's decision was legally valid, particularly whether the applicant was afforded procedural fairness and whether the decision was supported by relevant evidence. The court needed to determine if the Minister correctly identified the grounds for visa cancellation and if the decision was proportionate to the threat perceived.
The court found that the Minister's decision was valid and lawful. It was established that the applicant was given adequate notice of the allegations and had the opportunity to respond, thus procedural fairness was observed. The court further held that the Minister's decision was based on substantial evidence and was proportionate to the national security concerns. Consequently, the application for judicial review was dismissed. The applicant was also ordered to pay the Minister's costs, set at $800.00.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the costs of the first respondent fixed in the sum of $800.00.
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: BRANSON J
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