NADG v Minister for Immigration and Multicultural Affairs

[2006] FCA 744

FEDERAL COURT OF AUSTRALIA

NADG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS [2006] FCA 744

NADG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 384 of 2006

DOWNES J
26 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 384 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

NADG
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

DOWNES J

DATE OF ORDER:

26 MAY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS:

1. Appeal dismissed with costs agreed in the sum of $700.

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 384 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

NADG
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	DOWNES J
DATE:	26 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant seeks leave to appeal from a decision of the Federal Magistrates Court dismissing an application for review of a decision of the Refugee Review Tribunal notified to the applicant on 10 October 2002.  The applicant has appeared before me personally and put submissions in writing and orally.  He has also particularly drawn my attention to the written submissions that were made in the application before the Federal Magistrate.  I have read those written submissions.

2. The applicant has previously unsuccessfully challenged the decision of the Refugee Review Tribunal before a single judge of the Federal Court, the Full Federal Court and the High Court of Australia where an application for special leave to appeal was unsuccessful.  Nicholls FM dismissed the present application as incompetent and also upheld arguments of res judicata and issue estoppel.  The Federal Magistrate was plainly right;  an appeal to this court has no prospects of success.

3. The application for leave to appeal is accordingly dismissed with costs agreed in the sum of $700.

I certify that the preceding twenty-three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Downes

Associate:

Dated:             26 May 2006

Counsel for the Appellant:	The appellant appeared in person
Counsel for the 1st and 2nd Respondents:	J Bautista
Solicitors for the 1st and 2nd Respondents:	Sparke Helmore
Date of Hearing:	26 May 2005
Date of Judgment:	26 May 2005