NADG v Minister for Immigration and Multicultural Affairs

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:

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

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.
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.
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

CaseChat Overview and Summary

The appellant, NADG, has appealed against the Federal Magistrates Court's dismissal of an application for review of a decision made by the Refugee Review Tribunal (RRT). The RRT decision, dated 10 October 2002, was the subject of multiple previous unsuccessful challenges by NADG at the Federal Court, Full Federal Court, and High Court levels. This appeal, NADG v Minister for Immigration and Multicultural Affairs, was heard in the Federal Court of Australia's New South Wales District Registry.

The primary legal issues in the appeal were whether the application was incompetent, and if the doctrines of res judicata and issue estoppel applied. The Federal Magistrate had found the application to be incompetent and upheld the arguments of res judicata and issue estoppel. NADG argued that the Federal Magistrate's decision was incorrect and sought leave to appeal. The court was required to determine whether the appeal had prospects of success and, if not, dismiss the application accordingly.

Justice Downes, who heard the appeal, found that the Federal Magistrate was correct in dismissing the application as incompetent. The court held that the application for leave to appeal had no prospects of success due to the doctrines of res judicata and issue estoppel. The court noted that NADG had previously challenged the same RRT decision at various levels of the court system, all of which were unsuccessful. Therefore, the court dismissed the appeal with costs agreed in the sum of $700.

The Federal Court dismissed the appeal and ordered that costs in the sum of $700 be paid by the appellant to the respondents. This decision reflects the court's view that the appeal had no reasonable chance of success and serves as a final resolution to the matter regarding the RRT decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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

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

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