Applicant SZANA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1407

FEDERAL COURT OF AUSTRALIA

Applicant SZANA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1407

MIGRATION – earlier application for a protection visa refused – application originally incomplete and inchoate – later completed by submission of claims – delegate refused visa with an incomplete or inchoate application – by the time the Tribunal undertook review the application complete – in these circumstances a later application could not be made because of s 48A. Federal Court of Australia Act 1976 (Cth) s 25(1A) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 45, 46, 48A, 48B, 417 Bal v Minister for Immigration and Multicultural Affairs (2002) 189 ALR 566 applied Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 referred to Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 referred to Nader v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 352 followed NAQQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 607 referred to Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 referred to Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 applied APPLICANT SZANA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1194 OF 2003 ALLSOP J 9 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1194 of 2003

ON APPEAL FROM A FEDERAL MAGISTRATE

BETWEEN: APPLICANT SZANA

APPELLANT

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 appeal be dismissed. 2. The appellant pay the costs of the appeal, with the exception of the preparation of the respondent's supplementary submissions provided to the Court under cover of facsimile from Blake Dawson Waldron dated 3 November 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.