SZBCA v Minister for Immigration and Multicultural Affairs

[2006] FCA 857

FEDERAL COURT OF AUSTRALIA

SZBCA v Minister for Immigration and Multicultural Affairs [2006] FCA 857

SZBCA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 508 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 508 OF 2006

BETWEEN:

SZBCA
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

4 JULY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.
2. The applicant pay the respondent's costs fixed in the sum of $1100.

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 508 OF 2006

BETWEEN:

SZBCA
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	4 JULY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against the judgment of a Federal Magistrate of 20 February 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 9 July 2003: see SZBCA v Minister for Immigration & Anor [2006] FMCA 246. That application for judicial review was filed on 21 September 2005. Her Honour dismissed the matter on the basis that the application was incompetent and an abuse of process.

2. This history of litigation was set out at [3] to [8] of her Honour's reasons.  The applicant had previously and unsuccessfully sought judicial review of the Tribunal decision in the Federal Magistrates Court: see SZBCAv Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 998. An appeal against that judgment to this Court was dismissed by Wilcox J on 24 March 2005 and an application for special leave to appeal the judgment of Wilcox J was dismissed by the High Court on 29 August 2005.

3. It is not apparent to me that the Federal Magistrate erred in dealing with the case as she did.  The applicant would have no prospects in any appeal were leave granted.  Accordingly, the application for leave to appeal should be dismissed.  I order that those costs be fixed in the sum of $1100.

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:             14 July 2006

The Applicant appeared in person

Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006