FEDERAL COURT OF AUSTRALIA
SZMYF v Minister for Immigration and Citizenship [2009] FCA 491
SZMYF v MINISTER FOR IMMIGRATION AND CITIZENSHIP
NSD 157 of 2009
GRAHAM J
11 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 157 of 2009
BETWEEN: SZMYF
AppellantAND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE:
GRAHAM J
DATE OF ORDER:
11 MAY 2009
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal, the subject of the Notice of Appeal filed 24 February 2009, be dismissed.
2.The appellant pay the respondent Minister’s costs.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 157 of 2009
BETWEEN: SZMYF
AppellantAND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE:
GRAHAM J
DATE:
11 MAY 2009
PLACE:
SYDNEY
REASONS FOR JUDGMENT
It is now shortly after 11:00am. The appeal in this matter was listed for hearing before me at 10:15 am today. Notice of the listing of the appeal for hearing before me at 10:15 am today at the Law Courts Building, Queens Square, Sydney was given by the Court to the appellant and to the solicitors for the respondent Minister by letter dated 17 March 2009. By letters dated 25 March 2009 and 24 April 2009 from the solicitors for the Minister to the appellant, the time and place of the hearing were confirmed.
The appellant, who is identified for the purposes of these proceedings as ‘SZMYF’, has had both the name disclosed in the Notice of Appeal as his name and also the pseudonym by which he is known called three times outside the court. He has not appeared.
In the circumstances the respondent Minister has asked that the Court make an order dismissing the appeal in accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). It seems to me appropriate that such an order should be made.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Graham. Associate:
Dated: 13 May 2009
Solicitor for the First Respondent: J Dinihan of Clayton Utz
Date of Hearing: 11 May 2009 Date of Judgment: 11 May 2009
- AGLC
- SZMYF v Minister for Immigration and Citizenship [2009] FCA 491
- Case
- [2009] FCA 491
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Minister's decision to cancel the appellant's visa was lawful and whether the procedural fairness was appropriately observed. The court had to examine the applicable provisions of the Migration Act and the common law principles of administrative law to determine if the Minister's decision was justified. Additionally, the court assessed whether the appellant's rights to procedural fairness were upheld during the decision-making process.
The court found that the Minister's decision was in accordance with the Migration Act and was not flawed by procedural errors. The decision was based on sufficient evidence, and the appellant's arguments did not sufficiently challenge the Minister's findings. The court also determined that the appellant's rights to procedural fairness were adequately observed. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.
Orders
Orders of the court
1. The appeal, the subject of the Notice of Appeal filed 24 February 2009, be dismissed.
2. The appellant pay the respondent Minister’s costs.
Note:
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: GRAHAM J
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