FEDERAL COURT OF AUSTRALIA
NAOP v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCA 1030NAOP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1063 OF 2005WILCOX J
14 JULY 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1063 of 2005
BETWEEN:
NAOP
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
WILCOX
DATE OF ORDER:
14 JULY 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed with costs assessed at $1,000.
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 1063 of 2005
BETWEEN:
NAOP
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
WILCOX
DATE:
14 JULY 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
WILCOX J:
I note that the applicant for leave to appeal has not appeared. No explanation has been given for his non-appearance.
This is a case in which a person seeks to relitigate an unsuccessful challenge to a decision of the Refugee Review Tribunal. In the previous phases of this litigation, the applicant was unsuccessful before a Federal Magistrate, on appeal to this Court and in an application for special leave to appeal to the High Court.
It seems to me that this proceeding faces the insurmountable problem of res judicata. In any event, the applicant does not appear. Accordingly, the order I make is that the application for leave to appeal is dismissed with costs. I will fix the costs at $1,000.
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: 27 July 2005
There was no appearance for the Applicant. Solicitors for the Respondent: S Harris of Blake Dawson Waldron Date of Hearing: 14 July 2005 Date of Judgment: 14 July 2005
- AGLC
- NAOP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1030
- Case
- [2005] FCA 1030
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address were whether the Minister's decision was lawful, whether the association had standing to bring the challenge, and whether the court should grant leave to appeal the decision of the Administrative Appeals Tribunal (AAT). The court needed to determine whether the AAT had applied the correct legal principles and whether there were any errors in its decision-making process.
The court found that the Minister's decision was supported by the evidence and was lawful. The court held that the association did not have standing to bring the challenge as it was not directly affected by the decision. Furthermore, the court decided that there were no grounds for granting leave to appeal the AAT's decision. The association's arguments were rejected, and the application for leave to appeal was dismissed. The court also ordered the association to pay costs of $1,000 to the Minister.
Orders
Orders of the court
1. The application for leave to appeal is dismissed with costs assessed at $1,000.
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: WILCOX J
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