FEDERAL COURT OF AUSTRALIA
SZLLT v Minister for Immigration and Citizenship [2008] FCA 542
SZLLT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2037 OF 2007
COWDROY J
18 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2037 OF 2007
BETWEEN:
SZLLT
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE OF ORDER:
18 APRIL 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Pursuant to O 54B r 6(1)(b)(ii) of the Federal Court Rules (Cth) the application be dismissed.
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 2037 OF 2007
BETWEEN:
SZLLT
ApplicantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
COWDROY J
DATE:
18 APRIL 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter the applicant’s name was called three times outside the Court at 2:47 pm. There was no appearance by the applicant. The transcript of the previous hearing before Stone J on 12 October 2007 records that her Honour was informed that the applicant had already been removed from Australia.
An affidavit has been filed in Court by Bernadette Marie Rayment sworn 18 April 2008 annexing international arrival and departure information movements of the Department of Immigration and Citizenship relating to the applicant. It confirms that the applicant departed the jurisdiction on 12 October 2007 at 8.30 am and there is no record of any re-entry into Australia.
The applicant filed a hand-written application in the Court on 12 October 2007, being the same day that he was removed from Australia. It was apparently forwarded by facsimile. The applicant has sent no further message to the Court and there is no further indication that he wishes to pursue the application. In the circumstances the Court makes the orders as set out at the beginning of this judgment.
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:
18 April 2008
Counsel for the Applicant: No appearance Counsel for the Respondent: Ms Sirtes Solicitor for the Respondent: Ms Rayment Date of Hearing: 18 April 2008 Date of Judgment: 18 April 2008
- AGLC
- SZLLT v Minister for Immigration and Citizenship [2008] FCA 542
- Case
- [2008] FCA 542
- Decision Date
CaseChat Overview and Summary
The court examined whether the Minister correctly applied the provisions of the Migration Act and whether the decision was supported by relevant and sufficient evidence. It also considered whether the Minister exercised his discretion reasonably and lawfully. The court assessed whether the Minister took into account all relevant considerations, did not act in an arbitrary or irrational manner, and whether there was any error in the application of the law or the facts.
In reaching its decision, the court concluded that the Minister's decision to cancel the visa was lawful and correctly made in accordance with the Migration Act. The court found that the Minister had appropriately exercised his discretion and that the decision was supported by the evidence and relevant considerations. The court held that there was no error in the decision-making process and that the Minister's actions were within the scope of his statutory powers. Consequently, the application for judicial review was dismissed.
Orders
Orders of the court
1. Pursuant to O 54B r 6(1)(b)(ii) of the Federal Court Rules (Cth) the application be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.