SZBWN v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1568

FEDERAL COURT OF AUSTRALIA

SZBWN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1568

SZBWN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 1189 of 2005

BRANSON J
27 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1189 of 2005

BETWEEN:	SZBWN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	BRANSON J
DATE OF ORDER:	27 OCTOBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed. 

2.The applicant pay the respondent’s costs

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1189 of 2005

BETWEEN:	SZBWN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	BRANSON J
DATE:	27 OCTOBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 28 April 2004 the Federal Magistrates Court ordered that the applicant’s application for review of a decision of the Refugee Review Tribunal (‘the Tribunal’) be dismissed.

2. The order for dismissal was made pursuant to r 13.10 of the Federal Magistrates Court Rules for failure to comply with an order made on 31 March 2004. The order of 31 March 2004 in effect required the appellant to identify grounds of review in respect of the decision of the Tribunal. The appellant did not comply with that order. The judgment of the Federal Magistrates Court is an interlocutory judgment.

3. The applicant applied out of time for leave to appeal from the judgment of the Federal Magistrates Court.  An order has been made waiving the requirement that the application for leave to appeal be filed within the prescribed time of 21 days.  The issue for present consideration is whether the applicant should be granted leave to appeal from the interlocutory order of the Federal Magistrates Court.

4. An order of a judge of this Court (Emmett J) required the applicant to file and serve an application for leave to appeal and an affidavit annexing any amended draft notice of appeal, giving complete particulars of each ground of appeal being relied upon, by 17 October 2005.

5. The applicant has not filed an affidavit annexing a draft notice of appeal or in any other way given particulars of the grounds of appeal that he would rely on were he granted leave to appeal from the interlocutory judgment of the Federal Magistrates Court.  Nor has the applicant today been able to identify any error that he says affects the judgment either of the Federal Magistrate or of the Tribunal.

6. I have given careful consideration to the decision of the Tribunal.  Having done so, I accept the submissions filed on behalf of the respondent that the decision is not affected by jurisdictional error.  Nor can I identify any appealable error affecting the judgment of the Federal Magistrates Court.  In the circumstances I can see no point in granting the applicant leave to appeal from the interlocutory judgment of the Federal Magistrates Court.

7. The application for leave to appeal is therefore dismissed.  The applicant is to pay the respondent’s costs.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:            4 November 2005

The Applicant appeared in person.
Counsel for the Respondent:	M Allars
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	27 October 2005
Date of Judgment:	27 October 2005