MZWYH v Minister for Immigration

[2005] FMCA 827

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWYH v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 827

MIGRATION – Review of decision of the Refugee Review Tribunal – application dismissed.

Applicant: MZWYH

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: MLG 314 of 2005

Judgment of: Riethmuller FM

Hearing date: 4 May 2005

Delivered at: Melbourne

Delivered on: 4 May 2005

REPRESENTATION

Counsel for the Applicant: The applicant appeared on his own behalf

Counsel for the Respondents: Ms Ngo

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application be dismissed pursuant to Rule 13.10 of the Federal Magistrates Court Rules 2001.

2. The applicant is to make no further applications in respect of the decision of the Refugee Review Tribunal made on 31 December 2002 and handed down on 29 January 2005 without leave of the Court.

3. The applicant pay the first respondent’s costs fixed in the sum of $2,200.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 314 of 2005

MZWYH

Applicant

And

MINISTER FOR MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

And

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for judicial review of a decision of the Refugee Review Tribunal.  The applicant previously brought proceedings in the Federal Magistrates Court in Sydney.  The applicant's case was heard by Driver FM, and his application was dismissed.  He then lodged an appeal which was dismissed.  He then sought special leave to appeal to the High Court.  The history of the matter is set out in the affidavit of Maria Ngo as follows:  

   3.     This proceeding was commenced by an application filed on 29 March 2005 in the Federal Magistrates Court by the applicant.  The application sought review of a decision of the Refugee Review Tribunal made on 31 December 2002 and handed down on 29 January 2003.

   4.     The applicant arrived in Australia on 20 August 2000 and lodged an application for a protection visa on 26 September 2000.  On 4 January 2001, a delegate of the respondent refused the application for a protection visa.

   5.          On 25 January 2001, the applicant lodged an application to   the Refugee Review Tribunal for review of the delegate’s decision.  The Refugee Review Tribunal affirmed the decision under review in a decision handed down on 29 January 2003 (the RRT decision). 

   6.     On 21 February 2003, the applicant lodged an application for judicial review of the RRT decision in the Federal Magistrates Court of Australia in New South Wales, being proceeding SZ10 of 2003.  The applicant subsequently filed an amended application dated 22 July 2003.  That application was dismissed by the Honourable Federal Magistrate Driver on 10 September 2003. 

   7.     On 16 September 2003, the Applicant lodged a Notice of Appeal in the Federal Court of Australia seeking to appeal from the decision of the Honourable Driver FM.  That appeal was dismissed by the Honourable Hely J. on 8 December 2003. 

   8.     On 29 January 2004, the applicant lodged an Application for Special Leave to Appeal from the decision Hely J. in the High Court of Australia.  That application was refused by a Full Court of the High Court constituted by McHugh and Heydon JJ on 3 March 2005. 

   9.     On 29 March 2005, the applicant filed this present application in this Honourable Court seeking relief in respect of the same RRT decision. 

2. I find no basis upon which the applicant ought to be allowed to commence fresh proceedings.  It appears to me that the applicant is estopped from bringing further proceedings.

3. In the circumstances I find that it is appropriate that the applicant pay the respondent's costs which I fix at $2,200.00, having regards to the Federal Magistrates Court scale.

4. Having regard to the circumstances of the case, I order that the applicant make no further application with respect to the decision of the Refugee Review Tribunal without first obtaining the leave of the court.

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

Associate:  Peter Smith

Date:  16 June 2005