Applicant S222 of 2003 v Minister for Immigration and Multicultural Affairs

[2006] FCA 975

FEDERAL COURT OF AUSTRALIA

Applicant S222 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 975 

APPLICANT S222 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 875 OF 2006

MOORE J
4 AUGUST 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 875 OF 2006

BETWEEN:

APPLICANT S222 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	4 AUGUST 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the costs of the first respondent.

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 875 OF 2006

BETWEEN:

APPLICANT S222 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	4 AUGUST 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of a Federal Magistrate of 19 April 2006. His Honour dismissed an application for an order to show cause pursuant to s 476 of the Migration Act 1958 (Cth) in respect of a decision of the Refugee Review Tribunal handed down on 7 June 2000 affirming a decision not to grant the applicant a protection visa. The Federal Magistrate dismissed the application as being incompetent by virtue of s 477(3) of the Act because the application was filed out of time. His Honour also noted that even if the Court could deal with the application it would deal “sympathetically with an application by the Minister to dismiss the application on the grounds that it was an abuse of process because the decision in respect of which a review is sought has already been the subject of decisions by the Federal Court and High Court”.

2. The Federal Magistrate made this decision against a background of extensive litigation by the applicant over more than five years in this and other courts in respect of the Tribunal’s decision. The applicant has previously and unsuccessfully sought review, pursuant to s 476(1), of the Tribunal decision in this Court: Jahangir v Minister for Immigration & Multicultural Affairs [2000] FCA 1872. An appeal against that judgment to a Full Court was dismissed on 1 June 2001: Jahangir v Minister for Immigration &Multicultural Affairs [2001] FCA 656 and an application for orders nisi, remitted from the High Court to this Court, was refused by Emmett J on 9 November 2005: S222 of 2003 v Refugee Review Tribunal [2005] FCA 1600. In circumstances where the time for filing was extended, an application by the applicant for leave to appeal from Emmett J’s judgment was dismissed on 15 February 2006: S222 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 211.

3. It is not apparent to me that the Federal Magistrate erred in dealing with the case as he did.  The applicant would have no prospects in any appeal were leave granted.  Accordingly, the application for leave to appeal should be dismissed. 

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

The Applicant appeared in person
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	27 July 2006
Date of Judgment:	4 August 2006