FEDERAL COURT OF AUSTRALIA
Applicant S1941 OF 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1311
NSD 1159 OF 2006
MOORE J
5 OCTOBER 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1159 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT S1941 OF 2003 Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MOORE J |
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DATE OF ORDER: |
5 OCTOBER 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The Refugee Review Tribunal be added as a respondent.
3. The appellant pay the first respondent’s costs fixed in the sum of $1,400.
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 |
NSD 1159 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT S1941 OF 2003 Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MOORE J |
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DATE: |
5 OCTOBER 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an appeal against a judgment of a Federal Magistrate given on 26 May 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal given on 27 June 2000: see S1941 of 2003 v Minister for Immigration and Multicultural Affairs & Anor [2006] FMCA 788. There had been an earlier proceeding in this Court culminating in a decision of 14 November 2000 of Emmett J dismissing an application for judicial review of the decision of the Tribunal: Ullah v Minister for Immigration and Multicultural Affairs [2000] FCA 1667.
2 Subsequently, the applicant joined the “Muin and Lie class action” (Muin v The Refugee Review Tribunal & Ors, S36 of 1999 and Nancy Lie v The Refugee Review Tribunal & Ors, S89 of 1999). On remittal to the Federal Court, Emmett J refused to grant the order nisi sought by the applicant: see the lead judgment Applicant S1174 of 2002 v Refugee Review Tribunal [2004] FCA 289.
3 In the proceedings below, the Federal Magistrate dismissed the application for judicial review filed on 16 March 2004 on the footing that through a combination of issue estoppel and Anshun estoppel, the appellant was precluded from re-agitating points or agitating points that had been or could have been the subject of the earlier proceedings determined by Emmett J.
4 It is not apparent to me that the Magistrate erred in reaching that conclusion. Accordingly I propose to dismiss the appeal with costs fixed in the sum of $1,400.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 23 October 2006
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Applicant appeared in person. |
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Solicitor for the First Respondent: |
Clayton Utz |
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Date of Hearing: |
5 October 2006 |
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Date of Judgment: |
5 October 2006 |
