SZBBM v Minister for Immigration and Multicultural Affairs

[2006] FCA 1754

FEDERAL COURT OF AUSTRALIA

SZBBM v Minister for Immigration and Multicultural Affairs [2006] FCA 1754

SZBBM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1821 OF 2006

MOORE J
14 DECEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1821 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBBM
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	14 DECEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application of 20 September 2006 be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $500.

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 1821 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBBM
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 DECEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 6 September 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal made on 23 June 2003 and handed down on 22 July 2003.  The Tribunal affirmed a decision of the then Minister for Immigration and Multicultural and Indigenous Affairs not to grant the applicant a protection visa.

2. There has been earlier litigation in this Court, the Federal Magistrates Court and the High Court in relation to the same matter.  A previous application for judicial review of the Tribunal decision to the Federal Magistrates Court was dismissed on 19 November 2004: see SZBBM v Minister for Immigration [2004] FMCA 872. An appeal from that decision to this Court was dismissed by Madgwick J on 26 May 2005: see SZBBM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 700. An application for special leave to appeal that Federal Court decision to the High Court was dismissed by Gummow J on 9 November 2005: see SZBBM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 909.

3. In the decision from which leave is sought to appeal, the Federal Magistrate dismissed the application on several grounds, including that it constituted an abuse of process: see SZBBM v Minister for Immigration [2006] FMCA 1361 at [18]. It is not apparent to me that the Federal Magistrate erred in doing so. Accordingly, I propose to dismiss the application for leave with costs. I fix those costs in the sum of $500.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        20 December 2006

The Applicant appeared in person.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	14 December 2006
Date of Judgment:	14 December 2006