SZCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1549

FEDERAL COURT OF AUSTRALIA

SZCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1549 SZCAT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1362 OF 2004 WHITLAM J 22 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1362 OF 2004

BETWEEN: SZCAT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 22 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to appeal is refused. 2. The applicant pay the respondent's costs fixed in the amount of $1850. 3. No further application by the applicant in respect of the decision of the Refugee Review Tribunal handed down on 24 January 2002 be accepted for filing except by leave of a Judge of the Court. 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 1362 OF 2004

BETWEEN: SZCAT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE: 22 OCTOBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from an interlocutory judgment of the Federal Magistrates Court in which Driver FM dismissed as incompetent the applicant's application under s 39B of the Judiciary Act 1903 for relief in respect of a decision of the Refugee Review Tribunal ('the Tribunal'): SZCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 598. 2 The background to the proceeding is set out in the following paragraphs of the respondent's outline of submissions filed in the Federal Magistrates Court: