MZXAF v Minister for Immigration

[2005] FMCA 979

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZXAF v MINISTER FOR IMMIGRATION [2005] FMCA 979

MIGRATION – Review of Refugee Review Tribunal decision – abuse of process – leave of Court.

Migration Act 1958 (Cth)

Applicant: MZXAF

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: MLG 607 of 2005

Judgment of: Riethmuller FM

Hearing date: 2 June 2005

Date of Last Submission: N/A

Delivered at: Melbourne

Delivered on: 2 June 2005

REPRESENTATION

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

Solicitors for the Applicant: Nil

Counsel for the Respondent: Nil

Solicitors for the Respondent: Mr Wee, Australian Government Solicitors

ORDERS

1. That the application be dismissed.

2. That the applicant pay the respondent's costs of $500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 607 of 2005

MZXAF

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. In this case the applicant has applied for judicial review of the Refugee Review Tribunal decision.

2. A previous application with respect to the same decision was heard by North J in 2000. 

3. North J dismissed the application on 11 December 2000.  The applicant then applied to the High Court. That application was remitted to Heerey J in the Federal Court. On 5 December 2003 Heerey J dismissed the application.  In January 2004 the applicant appealed the decision of Heerey J to the Full Court of the Federal Court.  The applicant did not comply with orders about filing material, and in May 2004 the Full Court of the Federal Court dismissed his application.

4. The applicant then applied in the Federal Magistrates Court. 

   
   

   I dismissed his application on 6 April 2005.  It appeared to me at that time that the applicant's conduct was simply an abuse of the process of the court by constantly applying even though he had lost his court applications a number of times.  I also made an order that he not file any further application without leave of the court.  The applicant has ignored that order and not sought leave of the court before bringing this application. 

5. The applicant's only basis for bringing the further application is that he says he now has some witnesses.  This would not have been an arguable ground for review, even on his first application.  

6. Where an applicant is the subject of an order not to bring further applications without the leave of the court the appropriate step to take before bringing a further application for review is to apply for leave. 

   
   

   A leave application should be supported by an affidavit setting out the facts and circumstances relied upon to show that leave should be granted.  A copy of the proposed application should be annexed to the affidavit.

7. I therefore dismiss his application.  In the circumstances of this case I order the applicant to pay the respondent's costs of $500.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Riethmuller FM

Associate: 

Date: