NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 975

FEDERAL COURT OF AUSTRALIA

NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 975 MIGRATION – third application for review of Refugee Review Tribunal decision; whether precluded by res judicata, issue estoppel and/or Anshun estoppel; appeal from summary dismissal by Federal Magistrates Court of third application as an abuse of process. Constitution of the Commonwealth of Australia s 75(v) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 24(1)(d), 24(1A) Federal Magistrates Act 1999 (Cth) Federal Magistrates Court Rules 2001 R 13.10(c) Migration Act 1958 (Cth) s 36, 45-7, 65-6, 411-2, 425-6, 430-1 Federal Magistrates Service Legislation Amendment Act 2001 (Cth) Shergold v Tanner (2002) 209 CLR 126 referred to Deputy Commissioner of Taxation v Richard Walter Pty Limited (1995) 183 CLR 168 referred to Port of Melbourne Authority v Anshun Proprietary Limited (No 1) (1980) 147 CLR 35 referred to MZWHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 466 referred to Warren v Coombes (1979) 142 CLR 531 referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 referred to Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 referred to Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 242 cited Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 222 referred to Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 referred to Blair v Curran (1939) 62 CLR 464 referred to Henderson v Henderson (1843) 3 Hare; 67 ER 319 cited BC v Minister for Immigration and Multicultural Affairs [2002] FCAFC 221 referred to SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 212 ALR 581 referred to NADZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 834/2005 GRAHAM J 15 JULY 2005 SYDNEY