Affairs

[2006] FCA 240

FEDERAL COURT OF AUSTRALIA

SZAYH v Minister for Immigration & Multicultural & Indigenous

Affairs [2006] FCA 240

MIGRATION – application for leave to appeal judgment and orders of Federal Magistrate – no merit demonstrated by application – relief refused

SZAYH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 2390 OF 2005

CONTI J
16 MARCH 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2390 OF 2005

BETWEEN:	SZAYH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	CONTI J
DATE OF ORDER:	16 MARCH 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Application for leave to appeal from the decision of Federal Magistrate Smith given on 18 November 2005 be dismissed.

2.The applicant to pay the Minister’s costs assessed at $1000.

3.The Registry of the Federal Court is not to accept from the applicant for filing any legal process.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2390 OF 2005

BETWEEN:	SZAYH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	CONTI J
DATE:	16 MARCH 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from the decision of Smith FM given on 18 November 2005 whereby his Honour dismissed the applicant’s earlier application which sought a review of the decision of the Minister’s delegate refusing him a protection visa.

2. The application came before his Honour on 18 November 2005 in response to the Minister’s application for summary dismissal pursuant to Rule 13.10(c) of the Federal Magistrate’s Court rules as an abuse of process.  Prior to that time, there had been a history of litigation, including one application for review earlier dismissed by Smith FM on 26 July 2005.  An application for leave to appeal to this Court from that decision was dismissed by Madgwick J on 16 September 2005, in the context whereby his Honour spoke of ‘the lamentable circumstances of his refusal to accept his legal fate’. 

3. The trenchant criticisms of Smith FM concerning the futility of the applicant’s various and persistent endeavours to delay his return to India is particularised in some detail in his Honour’s reasons for judgment.  As in the case of the Federal Magistrate’s Court, the time has crystallised for the making of an order that no further legal process be accepted by the Registry from the applicant.

4. The present application is entirely devoid of merit, being a purported restatement of untenable grounds for leave to appeal, and must be dismissed with costs, which the Minister’s legal representatives has assessed at $1000.  The Registry is to be directed not to accept for filing any further process at the instance of the applicant.

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

Associate:

Dated:            16 March 2006

The Applicant appeared in person
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 March 2006
Date of Judgment:	16 March 2006