FEDERAL COURT OF AUSTRALIA
SZJSN v Minister for Immigration and Citizenship [2007] FCA 1232
SZJSN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 820 OF 2007
BRANSON J
30 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 820 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJSN
AppellantAND:
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 appeal be dismissed.
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 820 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZJSN
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BRANSON J
DATE:
30 JULY 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This matter was listed for hearing at 10:15 am today and neither at that time nor at 10:30 am was the appellant present in the court room. After the matter was called for hearing at approximately 10.25 the court officer called the appellant by pseudonym outside the court room and also attended at the Registry floor but was unable to find the appellant.
The Minister by his counsel, Ms Pepper, invites the Court in the circumstances to dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because of the failure of the appellant to attend the hearing of his appeal.
I am satisfied that the appellant has been given notice both of the date and the time of this morning’s hearing by the Court and also by the respondent Minister. In the circumstances I make the order sought by Ms Pepper. This appeal is dismissed by reason of
the appellant’s failure to attend the hearing of his appeal. I order that the appellant pay the first respondent’s costs.
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 Respondent: Ms R Pepper Solicitor for the Respondent: Blake Dawson Waldron Date of Hearing: 30 July 2007 Date of Judgment: 30 July 2007
- AGLC
- SZJSN v Minister for Immigration and Citizenship [2007] FCA 1232
- Case
- [2007] FCA 1232
- Decision Date
CaseChat Overview and Summary
The court held that the Minister's decision was lawful and appropriately considered the relevant provisions of the Migration Act. The court found that the Minister had correctly interpreted the provisions of the Act, which required the appellant to be a non-citizen to be eligible for a bridging visa. Given that the appellant had already been granted permanent residency, he no longer qualified as a non-citizen under the Act. The court further found that the Minister's decision was supported by evidence and did not involve any errors of law. The court held that the Minister's decision to refuse the bridging visa was not unreasonable or irrational.
Consequently, the court dismissed the appeal and ordered that the appellant pay the costs of the Minister. The court held that the Minister's decision was based on a sound understanding of the statutory framework and that the Minister had acted within his legal powers. The appeal was thus properly dismissed, and the Minister's decision was upheld.
Orders
Orders of the court
1. The appeal be dismissed.
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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