BZAG of 2004 v Minister for Immigration

[2005] FMCA 302

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BZAG of 2004 & ORS v MINISTER FOR IMMIGRATION [2005] FMCA 302

MIGRATION – Summary dismissal – abuse of the process.

Applicants:

BZAG OF 2004

BZAH OF 2004
BZAI OF 2004

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: BRG702 of 2004

Judgment of: Baumann FM

Hearing date: 1 February 2005

Delivered at: Brisbane

Delivered on: 1 February 2005

REPRESENTATION

Applicant: Appearing in Person

Solicitor for the Respondent Clayton Utz

ORDERS

1. That the application filed 3 December 2004 be dismissed;

2. That the applicant pay the respondent's costs on an indemnity basis fixed in the sum of $3000 within 30 days.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
BRISBANE

BRG702 of 2004

BZAG OF 2004

BZAH OF 2004
BZAI OF 2004

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(settled from the ex-tempore reasons)

1. I have today explained to the Applicant the history of the proceedings as they appear to be before this Court.  I am satisfied on the material before me, and on the concessions made by the applicant that this applicant made numerous applications to the Court arising from the determination of the Refugee Review Tribunal decision of 14 January 2002.  It is apparent from the application filed in this Court on

   
   

   3 December 2004 that the applicant seeks yet again to review that decision.  This is despite his application now having been dealt with by a Judge of the Federal Court (see NADO/02 & Ors v MIMIA as per Gyles J, order 24 June 2002) who has upheld an appeal, by the Full Court of the Federal Court (see NADO & Ors v MIMIA (2002) FCAFC 309).

2. Furthermore and somewhat confusingly, despite orders made by Federal Magistrate Driver on 19 August 2003 (see SZAMP & Ors v MIMIA, Driver FM, order 19 August 2003) that no further applications be accepted for filing, an also an order by Emmett J made on

   
   

   9 February 2004 (see S506 v MIMIA (2004) FCA 450) that no further applications by the applicant for review of the decision of the Tribunal of 14 January 2002 be accepted for filing at the Court except by leave of the Court, the applicant has filed an application. There is nothing in his material where he has sought leave, and there is nothing in his material which reflects any basis upon which leave – which would be a discretionary issue would be granted.

3. In all respects, I am satisfied that the application so filed is an abuse of process and should be summarily dismissed.  I propose to so order.

4. The orders will be as set out at the commencement of these reasons.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Baumann FM

Associate: 

Date: