SZDEG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 748

FEDERAL COURT OF AUSTRALIA

SZDEG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 748 PRACTICE AND PROCEDURE – Anshun estoppel – whether order final or interlocutory – whether leave to appeal is necessary PRACTICE AND PROCEDURE – leave to appeal – Anshun estoppel – delay – whether decision of Federal Magistrate attended by any real doubt – whether appropriate to grant leave to appeal MIGRATION – Anshun estoppel – whether grounds of appeal could have been relied on in earlier proceeding

Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) s 417, s 476

Applicant S1000 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 285 followed Daniel v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 205 ALR 198 cited Johnston v Cameron (2002) 124 FCR 160 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited MZWHW v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 466 not followed Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589 applied Port of Melbourne Authority v Anshun Proprietary Limited (No 1) (1980) 147 CLR 35 not followed Re Luck (2003) 203 ALR 1 applied Wride v Schulze [2004] FCAFC 216 referred to

SZDEG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 296 of 2005 BRANSON J 9 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 296 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDEG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 9 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The purported appeal be dismissed as incompetent. 2. The appellant pay the respondent's costs fixed in the sum of $1500.