Applicant S1941 OF 2003 v Minister for Immigration and Multicultural Affairs

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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.

NEW SOUTH WALES DISTRICT REGISTRY NSD 1159 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Date of Hearing: 5 October 2006

Date of Judgment: 5 October 2006