MZWPB v Minister for Immigration

Case •

[2005] FMCA 1314

•

17 June 2005

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWPB v MINISTER FOR IMMIGRATION [2005] FMCA 1314
MIGRATION – Application to reinstate proceedings – application dismissed.
Migration Act 1958 (Cth)
Applicant: MZWPB
Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
File Number: MLG 976 of 2004
Judgment of: Riethmuller FM
Hearing date: 17 June 2005
Date of Last Submission: 17 June 2005
Delivered at: Melbourne
Delivered on: 17 June 2005

REPRESENTATION

Counsel for the Applicant: The applicant appeared on her own behalf
Counsel for the Respondent: Mr Brereton
Solicitors for the Respondent: Australian Government Solicitor

ORDERS

  1. The application for reinstatement be dismissed.

  2. The applicant pay the respondent’s costs fixed in the sum of $1,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 976 of 2004

MZWPB

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

  1. This is an application to reinstate the proceedings. 

  2. I am not satisfied that the applicant has shown any basis for reinstating the proceedings. 

  3. She has previously had a judgment against her by Merkel J and has had another round of proceedings that were discontinued in the Federal Court.  She has had time to apply for Legal Aid funding, which has been refused after Legal Aid obtained an opinion from a barrister. 

  4. She has still not complied with the directions that were made by Registrar Mussett.

  5. It is not an appropriate use of this process to constantly apply to the court for a review of the Refugee Review Tribunal decision.  I will request the solicitor for the Minister to give her the contact details of the Refugee Legal Centre and I am confident that if she takes the appeal book and her records to them, they will give her some good quality advice about what her realistic options are. 

  6. I therefore dismiss the application for a reinstatement.

    [Further discussion ensued]

  7. In this matter the applicant has been unsuccessful.  There is no reason why the Minister should not have her costs.

  8. I order the applicant to pay the respondent’s costs fixed in the sum of $1,000.00

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Riethmuller FM

Associate: 

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