SZAZP v Minister for Immigration and Citizenship

[2007] FCA 1477

FEDERAL COURT OF AUSTRALIA

SZAZP v Minister for Immigration and Citizenship [2007] FCA 1477

SZAZP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1487 OF 2007

MOORE J
18 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1487 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZAZP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	18 SEPTEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the first respondent's fixed in the sum of $1000.

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 1487 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZAZP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	18 SEPTEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 12 July 2007: see SZAZP v Minister for Immigration & Anor [2007] FMCA 1109. His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal handed down on 29 June 2003. The Tribunal had affirmed a decision of a delegate of the Minister of 10 May 2001 refusing to grant the applicant a protection visa. His Honour dismissed the application on two bases, firstly, that it was incompetent and, secondly, that it was an abuse of process.

2. In these proceedings the solicitor acting for the Minister did not seek to support the Federal Magistrate’s judgment on the basis that the application was dealing with was incompetent, but does submit that his Honour was correct in concluding that the application was an abuse of process.  His Honour's conclusion was made against a background of lengthy and unsuccessful litigation by the applicant concerning the Tribunal's decision: see  SZAZP v Minister for Immigration [2004] FMCA 733, SZAZP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1004, SZAZP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 929, SZAZP v Minister for Immigration & Anor [2006] FMCA 329, SZAZP v Minister for Immigration and Multicultural Affairs [2006] FCA 829 and SZAZP v Minister for Immigration and Multicultural Affairs [2007] HCATrans 231.

3. Nothing was apparently pointed to in the Federal Magistrates Court proceeding indicating some new or additional ground was relied upon, nor is anything now said in this Court to that effect.  It is not apparent to me that the Federal Magistrate erred in concluding that the proceedings were an abuse of process.  In my opinion, any appeal is doomed to fail.

4. Accordingly, I propose to dismiss the application for leave and order that the applicant pay the Minister’s costs.  I fix those costs in the sum of $1000.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:       25 September 2007

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	18 September 2007
Date of Judgment:	18 September 2007