Applicant S294/2003 v Minister for Immigration and Citizenship

[2007] FCA 892

FEDERAL COURT OF AUSTRALIA

Applicant S294/2003 v Minister for Immigration and Citizenship [2007] FCA 892

APPLICANT S294/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 880 OF 2007

MOORE J
8 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 880 OF 2007

BETWEEN:

APPLICANT S294/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

8 JUNE 2007

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $700.00.

3.No further application for review of the decision of the Refugee Review Tribunal signed 26 March 2007, RRT case number 071171071, or for review of the decision of the delegate of the first respondent dated 10 July 1997, or for review of any other administrative decision or action by any person concerning the visa application which was considered in that decision, shall be accepted for filing without prior leave of the Court.

4.Any proceeding instituted by the applicant relating to the above may not be continued without the leave of the Court.

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 880 OF 2007

BETWEEN:

APPLICANT S294/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

8 JUNE 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 30 April 2007: see Applicant S294/2003 v Minister for Immigration & Anor [2007] FMCA 683. The Federal Magistrate dismissed as an abuse of process proceedings instituted by the applicant seeking a review of a decision of the Refugee Review Tribunal of 26 March 2007. In that decision the Tribunal concluded that it had no jurisdiction to entertain the application for review because the decision of the delegate had earlier been reviewed by the Tribunal.

2. In my opinion the Magistrate did not err in concluding that the application was an abuse of process where the application had been brought against a background in which the applicant had already sought to litigate in this Court the question of whether the Tribunal had erred in its review of the delegate’s decision refusing him a protection visa: see Salim v Minister for Immigration [1999] FCA 1131; Applicant S294 of 2003 v Refugee Review Tribunal [2006] FCA 694. Leave should be refused because there are no prospects of any appeals succeeding.

3. I order that the application be dismissed and that the applicant pay the Minister’s costs fixed in the sum of $700.

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:        26 June 2007

The Applicant appeared in person:
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 June 2007
Date of Judgment:	8 June 2007