SZEVR v Minister for Immigration and Multicultural Affairs [2006] FCA 806

FEDERAL COURT OF AUSTRALIA

SZEVR v Minister for Immigration and Multicultural Affairs [2006] FCA 806 SZEVR, SZEVS, SZEVT, SZEVU AND SZEVW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 655 OF 2006 MOORE J 14 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 655 OF 2006

BETWEEN: SZEVR

FIRST APPLICANT

SZEVS

SECOND APPLICANT

SZEVT

THIRD APPLICANT

SZEVU

FOURTH APPLICANT

SZEVW

FIFTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 14 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The first and fourth applicants pay the first respondent's costs fixed in the sum of $1100. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 655 OF 2006

BETWEEN: SZEVR

FIRST APPLICANT

SZEVS

SECOND APPLICANT

SZEVT

THIRD APPLICANT

SZEVU

FOURTH APPLICANT

SZEVW

FIFTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 14 JUNE 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against the judgment of a Federal Magistrate of 17 March 2006 dismissing an application seeking to challenge a decision of the Refugee Review Tribunal of 8 November 2002: see SZEVR & Ors v Minister for Immigration & Anor [2006] FMCA 270. The Federal Magistrate concluded that the proceedings were incompetent as the Tribunal's decision was a private clause decision. His Honour also upheld the Minister's notice of motion on the grounds that the proceedings were an abuse of process and an Anshun estoppel arose. The Federal Magistrate's decision was made against a background of extensive litigation, the details of which are set out in his Honour's reasons at [17]. The applicant had previously sought to impugn the Tribunal's decision in the Federal Magistrates Court, this Court (on two occasions), the Full Court of this Court, and the High Court (which refused special leave on two occasions). 2 It is not apparent to me that the Federal Magistrate erred in dismissing the application for the reasons which his Honour gave. Accordingly, there are no prospects, in my opinion, of the appellant succeeding in any appeal if leave was given. Accordingly, I dismiss the application for leave to appeal with costs. I order that the first and fourth applicant pay the Minister's costs, fixed in the sum of $1100. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.