SZAFO v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1028

FEDERAL COURT OF AUSTRALIA

SZAFO v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCA 1028

SZAFO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1068 OF 2005

WILCOX J
14 JULY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1068 of 2005

BETWEEN:	SZAFO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	14 JULY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal against the decision of Smith MF made on 10 June 2005 be dismissed.

2.The applicant pay the costs of the respondent 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 1068 of 2005

BETWEEN:	SZAFO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	14 JULY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This is an application for leave to appeal against a decision of Federal Magistrate Smith made on 10 June 2005.  His Honour dismissed a proceeding then before him as an abuse of process of the court.  He did so because the applicant had already litigated the question whether the Refugee Review Tribunal (‘the Tribunal’) had made a jurisdictional error in considering his case.  The applicant unsuccessfully challenged the Tribunal’s decision before Federal Magistrate Driver, on appeal in this court before Bennett J, and in an application for special leave to appeal to the High Court of Australia. 

2. Federal Magistrate Smith was undoubtedly correct in upholding an objection to competency in this case because of the application of the principles of res judicata.  There is no arguable basis for the appeal now sought to be made to this court.  Accordingly, it is appropriate that the application for leave to appeal be dismissed with costs. 

3. I order that the application for leave to appeal be dismissed with costs assessed at $1000.

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

The Applicant appeared in person.
Solicitor for the Respondent:	Mr A Markus of Australian Government Solicitor
Date of Hearing:	14 July 2005
Date of Judgment:	14 July 2005