FEDERAL COURT OF AUSTRALIA
SZJRJ v Minister for Immigration and Citizenship [2007] FCA 1228
SZJRJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL
NSD 812 OF 2007
BRANSON J
31 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 812 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJRJ
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentMIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE OF ORDER:
31 JULY 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
2.The appellant pay the costs of the first respondent.
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 812 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJRJ
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentMIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE:
31 JULY 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
At approximately 10:15 am today I asked that the calling of this matter for hearing be delayed until 10:25 am. I did so because I was advised that the appellant was not in the courtroom. At approximately 10:25 am the appeal was called for hearing and the appellant was called by his pseudonym outside the courtroom. He did not appear. Additionally, the court officer went to the registry floor of the building to see if she could find the appellant. She was unable to do so.
I am satisfied that the Court has sent a letter to the appellant, using the address given by him on his notice of appeal, advising him of the date and time of today’s hearing. Counsel for the Minister has also shown the Court the correspondence, addressed to the appellant at that address, providing him with court documents and advising him of the hearing date and time. I am therefore satisfied that appropriate steps have been taken to place the appellant on notice of the date and time fixed for the hearing of his appeal.
As the appellant has not attended the hearing of his appeal, the appeal is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). There will additionally be an order that the appellant pay the first respondent’s costs of the appeal.
I certify that the preceding three (3) 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 Appellant: The Appellant did not appear Counsel for the First Respondent: Mr P Silver Solicitor for the First Respondent: Clayton Utz Date of Hearing: 31 July 2007 Date of Judgment: 31 July 2007
- AGLC
- SZJRJ v Minister for Immigration and Citizenship [2007] FCA 1228
- Case
- [2007] FCA 1228
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the decision of the Minister to cancel the visa was made in accordance with the requirements of the Migration Act 1958 (Cth). Specifically, the court was tasked with determining whether the Minister had acted in a manner that was procedurally fair and whether the decision was based on relevant and material considerations. The appellant argued that the decision was flawed due to procedural errors and the failure to consider all relevant information.
The court carefully examined the relevant statutory provisions and the principles of administrative law that govern the cancellation of visas. It concluded that the decision-making process adhered to the requirements of procedural fairness and that the Minister had appropriately exercised their discretion. The court found that the Minister had considered all relevant information and had acted within their statutory powers. Consequently, the appeal was dismissed, and the decision to cancel the visa was upheld. The appellant was ordered to pay the costs of the first respondent.
Orders
Orders of the court
1. The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
2. The appellant pay the costs of the first respondent.
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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