FEDERAL COURT OF AUSTRALIA
SZJUH v Minister for Immigration and Citizenship [2007] FCA 1728
SZJUH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1425 OF 2007COWDROY J
8 NOVEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1425 OF 2007
BETWEEN:
SZJUH
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE OF ORDER:
8 NOVEMBER 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The Applicant pay the costs of the First Respondent fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).
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 1425 OF 2007
BETWEEN:
SZJUH
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE:
8 NOVEMBER 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The applicant’s application for leave to appeal was listed for hearing at 2.15 pm today. By letter from the Minister’s solicitor dated 25 September 2007 notification of the time, date and location of such hearing was provided to the applicant. There is no evidence of any reply to such letter and the applicant has not appeared in Court today.
In the circumstances the Minister applies to have the matter dismissed.
There is no reason to refuse such application. Accordingly the Court will dismiss the application pursuant Order 20 Rule 5(1)(b) of the Federal Court Rules 1979 (Cth) and order the applicant to pay the costs of the Minister fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy. Associate:
Dated: 8 November 2007
Counsel for the Applicant: The applicant did not appear Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 8 November 2007 Date of Judgment: 8 November 2007
- AGLC
- SZJUH v Minister for Immigration and Citizenship [2007] FCA 1728
- Case
- [2007] FCA 1728
- Decision Date
CaseChat Overview and Summary
The court examined the legal framework governing visa applications and the statutory provisions that the Minister relied upon in reaching the decision. The court considered whether the decision-maker had exercised the correct discretion, had regard to the relevant considerations, and whether the decision was free from jurisdictional error or unreasonableness. The applicant contended that the Minister had failed to properly consider certain evidence and had misapplied the law in reaching the decision. However, the court found that the decision-maker had exercised the discretion correctly and had considered all relevant factors. The court held that the decision was legally sound and did not suffer from any jurisdictional error.
In dismissing the application for leave to appeal, the court held that there was no arguable error in law or fact that would justify an appeal. The court found that the decision was supported by the evidence and that the applicant had not demonstrated that the decision was unreasonable. The court also ordered that the applicant pay the costs of the first respondent as per Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The Applicant pay the costs of the First Respondent fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).
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: COWDROY J
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