SZAXY v Minister for Immigration and Multicultural Affairs

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against a judgment of a Federal Magistrate of 30 January 2006 summarily dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 19 May 2003: see SZAXY v Minister for Immigration [2006] FMCA 104. His Honour found that the proceedings were barred by the principles of res judicata or Anshun estoppel, or alternatively, were an abuse of the Court's process. Those conclusions were reached against a background where the applicant had brought three previous proceedings, all of which were unsuccessful, in relation to the same Tribunal decision, first in the Federal Magistrates Court, then this Court and ultimately in the High Court: see SZAXY v Minister for Immigration [2004] FMCA 743, SZAXY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 76, SZAXY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 410. 2 The applicant was notified by letter dated 7 July that the matter was listed for hearing this afternoon. The matter has been called. There has been no appearance on behalf of the applicant. 3 On the application of the Minister I dismiss the application with costs for want of prosecution. I order that the applicant pay the first respondent's costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate: Dated: 4 August 2006 Counsel for the Respondent: Mr J Mitchell

Solicitor for the Respondent: Blake Dawson Waldron