SZALG v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 939

FEDERAL COURT OF AUSTRALIA

SZALG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 939

SZALG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS 

N 827 of 2004

WHITLAM J
SYDNEY
14 JULY 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 827 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZALG APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	14 JULY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The appeal is dismissed with costs.

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	N 827 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZALG APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WHITLAM J
DATE:	14 JULY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court dismissing an application for constitutional writs and ancillary relief in respect of a decision of the Refugee Review Tribunal made on 15 November 2002.  The background to the proceeding is fully explained in the reasons for judgment of the Federal Magistrate: see SZALG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 289.

2. The Federal Magistrate correctly approached the application before him on the basis that the challenge could only succeed if there was a jurisdictional error involved in the exercise of the Tribunal’s powers. The decision of the Tribunal is a privative clause decision under s 474 of the Migration Act 1958 and is not susceptible to challenge unless jurisdictional error on the part of the Tribunal is found.  The Federal Magistrate was unable to find any jurisdictional error.  The notice of appeal contains no proper grounds of appeal.  The appellant has not addressed the reasons for decision of the Federal Magistrate at all, and he has not submitted that there was any error made by the Federal Magistrate in reaching that conclusion.  Further, the appellant has not submitted that there was any jurisdictional error at all on the part of the Tribunal.  No ground of appeal is, therefore, suggested upon which this appeal could possibly succeed.  Accordingly, the appeal will be dismissed with costs. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam.

Associate:

Dated:             19 July 2004

The appellant appeared in person

Solicitor for the respondent:	Andras Markus of the Australian Government Solicitor
Date of hearing:	14 July 2004
Date of judgment:	14 July 2004