SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499

FEDERAL COURT OF AUSTRALIA

SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499 MIGRATION – application for leave to appeal from decision of Federal Magistrates Court – antecedent decision of Federal Magistrates Court adverse to applicants as was subsequent applications for leave to appeal to Federal Court and for special leave application to High Court – abuse of process

Walton v Gardiner (1983) 177 CLR 378 at 393 applied SZBQV, SZBRC, SZBRD, SZBRE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD 153 of 2006 CONTI J 5 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 153 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBQV

FIRST APPLICANT

SZBRC

SECOND APPLICANT

SZBRD

THIRD APPLICANT

SZBRE

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: CONTI J

DATE: 3 MAY 2006

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted nune pro tunc to substitute the name 'Minister for Immigration and Multicultural Affairs' for that of the Respondent. 2. The application for leave to appeal to Federal Court be dismissed. 3. The first and second applicants to pay the respondents' costs of the application for leave to appeal on an indemnity basis in the sum of $1000.00.

4. No further application by the applicant to review or otherwise referrable to the decision of the Refugee Review Tribunal handed down on 8 October 2003, or any decisions of the Federal Magistrates Court or this Court, be accepted for filing in the Registry of the Federal Court except with the prior leave of the Federal Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.