Applicant S1580 of 2003 v Minister for Immigration and Multicultural Affairs

[2006] FCA 794

FEDERAL COURT OF AUSTRALIA

Applicant S1580 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 794

APPLICANT S1580 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 741 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 741 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S1580 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

14 JUNE 2006

PLACE:

SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed.

1. The applicant pay the first respondent's costs fixed in the sum of $1500.00.

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 741 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S1580 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 JUNE 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of a Federal Magistrate of 30 March 2006 dismissing an application for review of a decision of the Refugee Review Tribunal made on 10 February 1999: see S1580 of 2003 v Minister for Immigration & Anor [2006] FMCA 507. The proceedings in the Federal Magistrates Court had been preceded by other proceedings in this Court and the High Court. Those proceedings included an application for judicial review of the same Tribunal decision which was heard in this Court by Drummond J and determined in the applicant's favour on 17 August 1999. The Minister appealed that decision to the Full Court which allowed the appeal on 30 June 2000. Previous litigation also included proceedings in the High Court in relation to a prior Tribunal decision of 12 February 1998 which had in fact already been set aside and remitted to the Tribunal (resulting in the Tribunal decision of 10 February 1999). The High Court remitted those proceedings to this Court where they were dealt with by Emmett J who, on 20 February 2004, refused an application for an order nisi.

2. The Federal Magistrate concluded that the proceedings before him were an abuse of process and also that an Anshun estoppel arose.  His Honour also found that it was also a case of res judicata since the matter had been decided by the Full Court of this Court.  His Honour made an order restraining the applicant from commencing any proceedings for review of either Tribunal decision without leave of the Court. 

3. It is not apparent to me that the Federal Magistrate erred in dismissing the applications for the reasons his Honour gave.  Accordingly, this application for leave to appeal should be dismissed on the basis that the applicant has no prospects of success in any appeal if leave were granted.  Accordingly, I dismiss the application.  The applicant is ordered to pay the first respondent's costs fixed in the sum of $1500.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            13 July 2006

Counsel for the Respondent:	Mr C Mantziaris
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006