SZABN v Minister for Immigration
[2002] FMCA 353
•23 December 2002
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZABN & ORS v MINISTER FOR IMMIGRATION | [2002] FMCA 353 |
| MIGRATION – Review of Minister’s decision – whether the Federal Magistrates Court has power to review the type of decision which affects these applicants. |
Migration Act 1958 (Cth), s.48B
NAQG of 2002 v Minister for Immigration [2002] FCAFC 414
| Applicant: | SZABN & ORS |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ 1179 of 2002 |
| Delivered on: | 23 December 2002 |
| Delivered at: | Sydney |
| Hearing date: | 23 December 2002 |
| Judgment of: | Raphael FM |
REPRESENTATION
| For the Applicant: | Applicant self-represented |
| Counsel for the Respondent: | Mr A Markus |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed.
Applicant to pay the respondent's costs assessed in the sum of $2000 pursuant to Federal Magistrates Court Rules, part 21 rule 21.02(2)(a).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ 1179 of 2002
| SZABN & ORS |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
In matter number SZ1179 of 2002, three applicants seek review of a decision made on behalf of the Minister dated 31 October 2002 not to forward to the Minister a request made under s.48B of the Migration Act 1958 (Cth) for the Minister to exercise his discretion to allow further application for a protection visa to be made.
The three applicants are a female, her husband and her child. The husband is at large having evaded being taken into detention. When I asked the applicant what representations she wished to put to me in this matter she made reference to a request for a visa so that she could make arrangements to leave the country. This, of course, is not the application presently before me.
The respondents have filed a notice of objection to competency and have prepared some excellent written submissions. In those submissions reference is made to the recent cases on section 48B including NAQG of 2002 v Minister for Immigration [2002] FCAFC 414, a decision of the Full Bench of the Federal Court. The authorities are clear that this court has no power to review the type of decision which affects these applicants.
I am therefore obliged to dismiss the application which I do. I order that the applicant pay the respondent's costs which I assess in the sum of $2000 pursuant to Federal Magistrates Court Rules, part 21, rule 21.02(2)(a).
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
1
0