SZBJM v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 404

FEDERAL COURT OF AUSTRALIA

SZBJM v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 404

MIGRATION – Application for judicial review of a Refugee Review Tribunal decision in this Court dismissed – appeal to Full Court dismissed – special leave to appeal to High Court refused – appellant thereupon filed another originating application in the Federal Magistrates Court for review of the Tribunal's decision – application dismissed as an abuse of process – appellant barred by doctrine of res judicata – no reasonable cause of action disclosed – purported appeal to this Court from Federal Magistrates Court – appellant claimed throughout history of proceedings that Tribunal's decision not made lawfully – application that appeal be dismissed as incompetent – appeal out of time – leave to appeal required – whether reasonable basis for appeal disclosed – whether appeal constitutes an abuse of process – whether appellant barred by the doctrine of res judicata and/or is estoppel by issue estoppel or Anshun estoppel – purported appeal incompetent – abuse of process – proceedings barred by the doctrine of res judicata or Anshun estoppel. Migration Act 1958 (Cth), ss 36(2), 474 Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24, referred R v Hickman; Ex parte Fox v Clinton (1945) 70 CLR 598, referred Muin v Refugee Review Tribunal [2002] HCA 30, referred NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 69 ALD 1, referred Wong v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 204 ALR 722, referred and discussed Somanader v Minister for Immigration & Multicultural & Indigenous Affairs (2000) 178 ALR 677, referred R v Secretary of State for the Environment; Ex parte Hackney [London Borough Council [1983] 1 WLR 524, referred Taylor v Ansett (1987) 18 FCR 342, referred Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502, referred Stuart v Sanderson (2000) 175 ALR 681, referred Applicants S311 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 45, referred Spencer Bower, Turner and Handley, The Doctrine of Res Judicata (3rd ed, 1996) Campbell, 'Relitigation in Government Cases: A Study of the Use of Estoppel Principles in Public Law Litigation' (1994) 20 Mon U L Rev 21 SZBJM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N2556 of 2003 MADGWICK J 5 MARCH 2004 SYDNEY