Applicant S105/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 639

FEDERAL COURT OF AUSTRALIA

Applicant S105/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 639

MIGRATION – protection visa – appeal from decision of Federal Magistrate dismissing application for order nisi – application of res judicata or issue estoppel in respect of issues litigated in prior proceedings – whether Tribunal committed jurisdictional error – whether Tribunal erred in failing to consider possibility of change in political circumstances – no error established COSTS – application for indemnity costs – exercise of statutory right of appeal – absence of comparable case – order for costs not on indemnity basis Applicant S105/2003 v Minister for Immigration & Anor [2006] FMCA 125 referred to Applicant NADI v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 649 referred to NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 377 cited Abeyesinghe v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1558 cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 cited S635 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 65 cited VWZG v Minister for Immigration and Multicultural and Indigenous Affairs (2005) FCA 1018 cited Re Minister for Immigration; Ex parte Durairajasingham (2000) 168 ALR 407 cited APPLICANT S105/2003 v Minister for Immigration and Multicultural and Indigenous Affairs NSD 146 OF 2006 YOUNG J 9 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 146 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S105/2003

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS