SZCYQ v Minister for Immigration
[2004] FMCA 539
•23 August 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZCYQ v MINISTER FOR IMMIGRATION | [2004] FMCA 539 |
| MIGRATION – Dismissal on grounds of abuse of process – where previous decisions given on same facts. |
Federal Magistrates Court Rules 2001
Nancy Lie v Refugee Review Tribunal [2002] 190 ALR 60
| Applicant: | SZCYQ |
| Respondent: | MIGRATION – Dismissal on grounds of abuse of process – where previous decisions given on same facts. |
| File No: | SZ 667 of 2004 |
| Delivered on: | 23 August 2004 |
| Delivered at: | Sydney |
| Hearing date: | 23 August 2004 |
| Judgment of: | Raphael FM |
REPRESENTATION
| For the Applicant: | Applicant in person |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed.
Applicant to pay respondent’s costs in the sum of $1,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ 667 of 2004
| SZCYQ |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
The history of these proceedings is set out in the affidavit of Michael McCrudden of 13 July 2004. The decision of the Refugee Review Tribunal in respect of which an application is made to this court was the subject of a hearing in the Federal Court where it was dismissed by Gyles J on 3 April 2001 and by the Full Court where their Honours Heerey, Emmett and Allsop JJ, dismissed the appeal on 8 August 2001. The applicant then proceeded as part of the High Court action, Nancy Lie v Refugee Review Tribunal [2002] 190 ALR 60; in respect of that action on 25 November 2002 certain orders were made by Gaudron J in the High Court as a result of which on 29 May 2003 the applicant, though his former solicitor, filed a draft order nisi and affidavit. On 20 February 2004 Emmett J ordered that the application for the order nisi be refused.
The applicant has been unable to advise me that what he is now saying differs in the application he is bringing from the applications that were heard in the Federal Court and the High Court. In the circumstances, it seems to me that the application is an abuse of the process of this court and pursuant to Part 13 Rule 13.10(c) of the Federal Magistrates Court Rules I dismiss the application.
The applicant shall pay the respondent's costs which I assess in the sum of $1,500.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
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