SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1284

FEDERAL COURT OF AUSTRALIA

SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1284 SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs N 1241 of 2004 JACOBSON J 29 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1241 OF 2004

BETWEEN: SZDCJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 29 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave to appeal be granted.

2. Leave to appeal is limited to the following questions:

i. Whether the magistrate was obliged within the principles stated by the High Court in Public Service Board v Osborne (1985-1986) 159 CLR 656 to give written reasons for the orders made on 26 July 2004;

ii. Whether the transcript of the hearing of 26 July 2004 sufficiently constitutes reasons within that principle;

iii. Whether the magistrate was in error in dismissing the application for review pursuant to Part 13 Rule 13.10(c) of the Federal Magistrates Court Rules on the ground that the proceedings were an abuse of process;

iv. Whether any error of principle is disclosed in accordance with House v The King (1936) 55 CLR 499 in the order dismissing the application pursuant to Part 13 Rule 13.032(b) on the ground that the applicant had failed to file and serve an amended application giving complete particulars of the ground of review; and

v. Whether the magistrate had power to make order 2, namely that no further application to review the decision of the RRT be accepted for filing except with the leave of the court.

3. The appeal is to be expedited.

4. The applicant is to file and serve a notice of appeal identifying the grounds of appeal in terms of the issues contained in order 2 above.