FEDERAL COURT OF AUSTRALIA
NALK v Minister for Immigration and Multicultural Affairs [2006] FCA 1312
NALK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1177 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 1177 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
NALK Applicant
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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 application for leave to appeal be dismissed.
2. The purported appeal be dismissed.
3. The Refugee Review Tribunal be added as a respondent.
4. The applicant pay the first respondent’s costs fixed in the sum of $1,000.00.
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 1177 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
NALK Applicant
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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 what purports to be an appeal against a judgment of the Federal Magistrate of 30 May 2006: see NALK v Minister for Immigration and Multicultural Affairs [2006] FMCA 820, dismissing as incompetent an application for judicial review of a decision of the Refugee Review Tribunal made in January 2003. That application was dismissed as incompetent against a background where the applicant had twice litigated in the Federal Magistrates Court: see NALK v Minister for Immigration [2003] FMCA 388 and NALK v Minister for Immigration & Anor [2005] FMCA 1238; twice litigated in the Federal Court see: NALK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 82 and NALK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1463; and twice litigated in the High Court: see NALK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 270 and NALK v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 192, seeking relief in relation to the Tribunal’s decision to affirm a decision refusing to grant him a protection visa.
2 It is not apparent to me that the Federal Magistrate erred in dismissing the application as incompetent. It may well be that the applicant needs leave to appeal. If so, I would refuse leave. If the applicant is entitled to appeal as of right I would dismiss the appeal and I do so with costs fixed in the sum of $1,000.
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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 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 |
