SZEVR v Minister for Immigration and Multicultural Affairs

[2006] FCA 806

FEDERAL COURT OF AUSTRALIA

SZEVR v Minister for Immigration and Multicultural Affairs [2006] FCA 806

SZEVR, SZEVS, SZEVT, SZEVU AND SZEVW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 655 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 655 OF 2006

BETWEEN:

SZEVR
FIRST APPLICANT

SZEVS
SECOND APPLICANT

SZEVT
THIRD APPLICANT

SZEVU
FOURTH APPLICANT

SZEVW
FIFTH APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

14 JUNE 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.   The application for leave to appeal be dismissed.

2.   The first and fourth applicants pay the first respondent's costs fixed in the sum of $1100.

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 655 OF 2006

BETWEEN:

SZEVR
FIRST APPLICANT

SZEVS
SECOND APPLICANT

SZEVT
THIRD APPLICANT

SZEVU
FOURTH APPLICANT

SZEVW
FIFTH APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	MOORE J
DATE:	14 JUNE 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against the judgment of a Federal Magistrate of 17 March 2006 dismissing an application seeking to challenge a decision of the Refugee Review Tribunal of 8 November 2002: see SZEVR & Ors v Minister for Immigration & Anor [2006] FMCA 270. The Federal Magistrate concluded that the proceedings were incompetent as the Tribunal’s decision was a private clause decision. His Honour also upheld the Minister's notice of motion on the grounds that the proceedings were an abuse of process and an Anshun estoppel arose. The Federal Magistrate's decision was made against a background of extensive litigation, the details of which are set out in his Honour's reasons at [17]. The applicant had previously sought to impugn the Tribunal's decision in the Federal Magistrates Court, this Court (on two occasions), the Full Court of this Court, and the High Court (which refused special leave on two occasions).

2. It is not apparent to me that the Federal Magistrate erred in dismissing the application for the reasons which his Honour gave.  Accordingly, there are no prospects, in my opinion, of the appellant succeeding in any appeal if leave was given.  Accordingly, I dismiss the application for leave to appeal with costs.  I order that the first and fourth applicant pay the Minister's costs, fixed in the sum of $1100.

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

Associate:

Dated:             13 July 2006

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006