Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCQO v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1188
MIGRATION – no point of principle
Migration Act 1958 (Cth) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) SZCQO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 981 OF 2004 MOORE J 14 SEPTEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 981 OF 2004
BETWEEN: SZCQO
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 14 SEPTEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed as incompetent.
2. The applicant pay the respondent's costs.
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 N 981 OF 2004
BETWEEN: SZCQO
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 14 SEPTEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of Turkey of the Muslim faith. He arrived in Australia as a visitor on 3 May 1988 aged 24. On 4 May 1998 he was placed in detention. He applied for a protection visa on 27 May 1998. A delegate of the Minister of Immigration and Multicultural Affairs ("the Minister") refused the application on 29 June 1998. The applicant sought review of that decision on 1 July 1998. On 20 August 1998 the Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate of the Minister.
Procedural History 2 On 15 September 1998, the applicant filed an "application for an order to review" in the Victorian Registry of this Court ("the Victorian proceedings"). That application was made under Part 8 of the Migration Act 1958 (Cth) ("the Act") as then in force. That application sought to have reviewed the Tribunal's decision of 20 August 1998. On 16 March 1999, North J struck out the Victorian proceedings because the applicant had escaped from immigration detention and had failed to attend Court on a return date. On 6 February 2004 the applicant commenced proceedings in the Federal Magistrates Court to review the Tribunal's decision. This purported to be an application under s 39B the Judiciary Act 1903 (Cth). On 21 June 2004 Federal Magistrate Driver transferred the proceeding, by consent, to the Federal Court pursuant to s 39 of the Federal Magistrates Act 1999 (Cth) and rule 8.02 of the Federal Magistrates Court Rules.
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