SZAMP v Minister for Immigration and Multicultural Affairs

[2006] FCA 1315

FEDERAL COURT OF AUSTRALIA

SZAMP v Minister for Immigration and Multicultural Affairs [2006] FCA 1315

SZAMP AND SZAMQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1400 OF 2006

MOORE J
5 OCTOBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1400 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZAMP
First Applicant

SZAMQ
Second Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	5 OCTOBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The purported appeal be dismissed.

3.The applicants pay the first respondent’s costs fixed in the sum of $1,000.00.

4.The Refugee Review Tribunal be joined as second respondent.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1400 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZAMP
First Applicant

SZAMQ
Second Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	5 OCTOBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This purports to be an appeal against the judgment of Federal Magistrate Emmett of 7 July 2006 dismissing an application filed in that court on 24 November 2005, finding that it was an abuse of process: see SZAMP & Anor v Minister for Immigration and Multicultural Affairs & Anor [2006] FMCA 881. The applicants sought to review a decision of a delegate of the Minister for Immigration and Multicultural Affairs that occurred against a background where the delegate’s decision had been reviewed by the Refugee Review Tribunal and the Tribunal’s decision had been challenged in multiple proceedings both in this Court, the Federal Magistrates Court and the High Court: see NADO of 2002 & Orsv Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 797; NADO of 2002 & Ors v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 309; Applicant S506 of 2003v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 450; BZAG of 2004 & Orsv Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 302; BZAG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 392; and BZAG of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 922.

2. It is not apparent to me that the Federal Magistrate erred in reaching the conclusion that the application was an abuse of process.  That decision is one in respect of which it is necessary to obtain leave to appeal.  I refuse leave with costs and I fix those costs in the sum of $1,000.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        23 October 2006

Applicant appeared in person.
Solicitor for the First Respondent:	Clayton Utz
Date of Hearing:	5 October 2006
Date of Judgment:	5 October 2006