FEDERAL COURT OF AUSTRALIA
SZALG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 939
SZALG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 827 of 2004
WHITLAM J
SYDNEY
14 JULY 2004
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 827 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZALG APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WHITLAM J |
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DATE OF ORDER: |
14 JULY 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 827 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZALG APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WHITLAM J |
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DATE: |
14 JULY 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an appeal from a judgment of the Federal Magistrates Court dismissing an application for constitutional writs and ancillary relief in respect of a decision of the Refugee Review Tribunal made on 15 November 2002. The background to the proceeding is fully explained in the reasons for judgment of the Federal Magistrate: see SZALG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 289.
2 The Federal Magistrate correctly approached the application before him on the basis that the challenge could only succeed if there was a jurisdictional error involved in the exercise of the Tribunal’s powers. The decision of the Tribunal is a privative clause decision under s 474 of the Migration Act 1958 and is not susceptible to challenge unless jurisdictional error on the part of the Tribunal is found. The Federal Magistrate was unable to find any jurisdictional error. The notice of appeal contains no proper grounds of appeal. The appellant has not addressed the reasons for decision of the Federal Magistrate at all, and he has not submitted that there was any error made by the Federal Magistrate in reaching that conclusion. Further, the appellant has not submitted that there was any jurisdictional error at all on the part of the Tribunal. No ground of appeal is, therefore, suggested upon which this appeal could possibly succeed. Accordingly, the appeal will be dismissed with costs.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam. |
Associate:
Dated: 19 July 2004
The appellant appeared in person
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Solicitor for the respondent: |
Andras Markus of the Australian Government Solicitor |
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Date of hearing: |
14 July 2004 |
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Date of judgment: |
14 July 2004 |
