Applicant S247 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 285

FEDERAL COURT OF AUSTRALIA

Applicant S247 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 285

APPLICANT S247 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 110 OF 2006

WILCOX J

9 MARCH 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 110 OF 2006

BETWEEN:	APPLICANT S247 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	9 MARCH 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for leave to appeal be dismissed with costs fixed at $300.

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 110 OF 2006

BETWEEN:	APPLICANT S247 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	9 MARCH 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This is an application for leave to appeal a decision of Graham J, given on 21 October 2005, dismissing an application for an order nisi.

2. The applicant appeared in person today, assisted by an interpreter.  I pointed out to him, several times, that the Court cannot review the Tribunal's findings of fact.  Notwithstanding this, he persisted in putting to me matters which are entirely matters of fact.  Although I explained to him what is necessary if the Court is to intervene, he was unable to put any matter before me that could rise to even arguable jurisdictional error.

3. It is apparent that the proceeding has no merit.  Accordingly, the application for leave to appeal will be dismissed with costs fixed at $300.

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

Associate:

Dated:            22 March 2006

The Applicant appeared in person.
Solicitor for the Respondent:	Ms D Watson of Australian Government Solicitor
Date of Hearing:	9 March 2006
Date of Judgment:	9 March 2006