VWZG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1018

FEDERAL COURT OF AUSTRALIA

VWZG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1018 MIGRATION – application to review decision of Refugee Review Tribunal brought out of time – res judicata – Anshun estoppel – abuse of process – costs

Migration Act 1958 (Cth) s 477(1)

Connelly v Director of Public Prosecutions [1964] AC 1254 referred to NABF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 179 cited NADP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 185 cited NADP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 178 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Somanader v Minister for Immigration & Multicultural Affairs [2000] FCA 1192 referred to SZATJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 168 referred to SZEUK v Minister for Immigration [2004] FMCA 829 cited Walton v Gardner (1993) 177 CLR 378 cited

VWZG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

VID413 of 2005

WEINBERG J

21 JULY 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID413 OF 2005

BETWEEN: VWZG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 21 JULY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed as incompetent. 2. Further, or in the alternative, the application be dismissed as an abuse of the process of the Court. 3. 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

VICTORIA DISTRICT REGISTRY VID413 OF 2005