Applicant S105/2003 v Minister for Immigration and Citizenship

[2007] FCA 1020

FEDERAL COURT OF AUSTRALIA

Applicant S105/2003 v Minister for Immigration and Citizenship [2007] FCA 1020

APPLICANT S105/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 906 OF 2007

MOORE J
4 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 906 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S105/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	4 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the Minister's costs.

3.Costs be fixed in the sum of $800.

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 906 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S105/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	4 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 3 May 2007: see Applicant S105 of 2003 v Minister for Immigration & Anor [2007] FMCA 789. The Federal Magistrate dismissed as incompetent and an abuse of process an application for judicial review of a decision of the Refugee Review Tribunal of 20 January 2007. In that decision the Tribunal concluded it had no jurisdiction to entertain what was a second application for review of a decision of a delegate of the Minister refusing the applicant a protection visa. That delegate’s decision had been given on 20 October 1999 and had been the subject of a decision by the Tribunal on 9 November 2001 (handed down on 5 February 2002).

2. It is not apparent to me that the Federal Magistrate erred in dismissing the application, for amongst other reasons, as an abuse of process.  The most recent application before the Federal Magistrates Court was made against a background of extensive litigation in this Court, the Federal Magistrates Court and the High Court: see NADI v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 649, NADI of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1055, S105 of 2003 v Minister for Immigration & Anor [2006] FMCA 125, Applicant S105/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 639, Applicant S105/2003 v Minister for Immigration and Multicultural Affairs [2006] HCATrans 701. I dismiss the application for leave and order the applicant to pay the Minister’s costs. I fix those costs in the sum of $800.

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:        10 July 2007

The applicant appeared in person
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	4 July 2007
Date of Judgment:	4 July 2007