FEDERAL COURT OF AUSTRALIA
SZJMD v Minister for Immigration and Citizenship [2008] FCA 98
SZJMD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1977 OF 2007TAMBERLIN J
18 FEBRUARY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1977 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJMD
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
TAMBERLIN J
DATE OF ORDER:
18 FEBRUARY 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
The appeal 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 1977 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJMD
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
TAMBERLIN J
DATE:
18 FEBRUARY 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter I am satisfied that the appellant was duly notified of the hearing on appeal. The Court waited for 25 minutes after the scheduled time for commencement of the hearing, and there was no appearance by the appellant. No explanation or correspondence has taken place with the Court or with the solicitors appearing for the first respondent in relation to any difficulty in attending the hearing.
As a consequence of the failure of the appellant to attend the hearing, I am asked to make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed. I think it is appropriate in the circumstances that such order should be made. Accordingly, I dismiss the appeal 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 Tamberlin. Associate:
Dated: 18 February 2008
Counsel for the Respondent: Mr G. Johnson Solicitor for the Respondent: DLA Phillips Fox Date of Hearing: 18 February 2008 Date of Judgment: 18 February 2008
- AGLC
- SZJMD v Minister for Immigration and Citizenship [2008] FCA 98
- Case
- [2008] FCA 98
- Decision Date
CaseChat Overview and Summary
The court found that the Minister had acted lawfully and fairly in cancelling the visa. The applicant had been convicted of multiple immigration-related offences, which the Minister considered in determining that she did not meet the character requirement for visa retention. The court held that the Minister had appropriately exercised their discretion in cancelling the visa and had not erred in their decision-making process. The court also found that the Minister had considered all relevant information and had acted within the statutory powers granted.
Consequently, the court dismissed the appeal and ordered the applicant to pay the costs of the proceedings. The court held that the Minister's decision to cancel the visa was lawful and that the applicant's appeal was without merit. The court emphasised the importance of upholding the integrity of Australia's immigration system and the need for individuals to meet the character requirements for visa retention.
Orders
Orders of the court
The appeal 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: TAMBERLIN J
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