FEDERAL COURT OF AUSTRALIA
SZJGH v Minister for Immigration and Citizenship [2008] FCA 438
SZJGH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2059 OF 2007MOORE J
25 FEBRUARY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2059 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJGH
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE OF ORDER:
25 FEBRUARY 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be 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
NSD 2059 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJGH
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE:
25 FEBRUARY 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for an extension of time to file and serve a notice of appeal from a judgment of a Federal Magistrate of 17 September 2007. His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal of 13 July 2005. It is unnecessary to set out the events leading to the decision of the Tribunal as nothing is put by the applicant in support of the application for an extension of time in this Court. The documentation filed in furtherance of this application does not, in my opinion, reveal any arguable error on the part of the Federal Magistrate in dismissing the application for judicial review.
Accordingly, I propose to dismiss the application for an extension of time with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate:
Dated: 3 April 2008
The applicant appeared in person. Solicitor for the Respondent: DLA Phillips Fox Date of Hearing: 25 February 2008 Date of Judgment: 25 February 2008 Date of Publication of Reasons for Judgment 3 April 2008
- AGLC
- SZJGH v Minister for Immigration and Citizenship [2008] FCA 438
- Case
- [2008] FCA 438
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Minister’s decision was lawful, reasonable, and procedurally fair. Specifically, the court needed to assess whether the Minister appropriately exercised his discretion to cancel the visa, whether the decision was supported by material on the relevant considerations, and whether the decision-maker acted without bias or error of law.
The court found that the Minister’s decision was lawful, reasonable, and procedurally fair. It was established that the Minister had the authority to cancel the visa under the Migration Act, and the decision was supported by material on the relevant considerations. The court also found that the decision-maker did not act without bias or error of law, and therefore the application for judicial review was dismissed. The court ordered that the costs of the application be paid by the applicant.
Orders
Orders of the court
1. The application be dismissed, with costs.
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: MOORE J
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