SZANA v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1518

FEDERAL COURT OF AUSTRALIA

SZANA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1518

SZANA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1590/03

ALLSOP J
9 DECEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1590 of 2003

BETWEEN:	SZANA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	9 DECEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The matter be stood over to Friday, 30 January 2004 at 10.15 am for hearing.

2.Liberty be granted to the appellant to apply before 19 December 2003 to vary the date to bring it forward to a hearing before Christmas.

THE COURT DIRECTS THAT:

1.The appellant file and serve any submissions on the appeal on or before Monday, 19 January 2004.

2.The respondent file and serve any submissions on the appeal on or before Tuesday 27 January 2004.

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	N1590 of 2003

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

JUDGE:	ALLSOP J
DATE:	9 DECEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I have this afternoon made orders and published reasons in an appeal from Federal Magistrate Driver. The effect of my orders is to agree with the orders of Federal Magistrate Driver to the effect that the appellant was in March 2003 and is now precluded from making another application for a protection visa while in the migration zone because of the terms of s 48A of the Migration Act 1958 (Cth).  There is another appeal on foot from Federal Magistrate Raphael dealing with the question of a bridging visa.  In one sense it is distinct from the appeal from Federal Magistrate Driver, in another sense it is inter-connected in the appellant's affairs, as I have sought to explain in my reasons for judgment in the appeal just handed down.

2. The appellant is in detention.  I have time to deal with the appeal from Federal Magistrate Raphael in the coming weeks before Christmas.  The appellant has however, asked me for two months more to prepare his submissions in this case.  With some reluctance I think I should accede to the request of the appellant.  There is a public interest in ensuring that people in the position of the appellant are not held in detention for any longer than they should be according to law. 

3. However, the appellant will need to read and understand my reasons in the appeal from Magistrate Driver.  If I may say so, without the slightest disrespect to the appellant, given his determination in the running of his matters he himself may wish to seek special leave to appeal.  That will be a matter for him.  I do not suggest that there is any particular point of importance likely to attract special leave but the appellant must do his best in his own interests in the no doubt uncomfortable and distressing circumstances he finds himself in, in detention.

4. For that reason, although I would prefer in his own interests to deal with his matters as expeditiously as possible, if he would prefer to have two further months to prepare the case, I am prepared reluctantly to agree with that.  In those circumstances I propose to stand the appeal from Federal Magistrate Raphael over for hearing to Friday 30 January 2004. 

5. I direct that the appellant file any submissions on the appeal on or before Monday 19 January 2004 and the respondent is to file and serve any submissions on the appeal on or before Tuesday 27 January 2004.  The matter is stood over to 10.15 am on Friday 30 January 2004.

6. I also grant liberty to apply before 19 December 2003 to vary that date to bring it forward for a hearing before Christmas if the applicant should change his mind.  So, if by Friday week the applicant changes his mind and wants an early hearing of this I will list the matter the following week for hearing whether or not Mr Lloyd is available.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:             18 December 2003

The Applicant appeared in person with the assistance of an interpreter.
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	9 December 2003
Date of Judgment:	9 December 2003