SZBDK v Minister for Immigration and Multicultural Affairs

FEDERAL COURT OF AUSTRALIA
SZBDK v Minister for Immigration and Multicultural Affairs [2006] FCA 855
SZBDK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 762 OF 2006
MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 762 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBDK
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

14 JUNE 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

Leave to appeal be refused.

The appellant to pay the first respondent's costs fixed in the sum of $1,200.00.

The Refugee Review Tribunal be joined as a second respondent in these proceedings.

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 762 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBDK
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

14 JUNE 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

This is an application for leave to appeal from a judgment of a Federal Magistrate of 6 April 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 18 July 2001. The Federal Magistrate dismissed the application, amongst other reasons, on the basis that the application of the applicant was an abuse of process. That conclusion was reached in circumstances where the applicant had already challenged, unsuccessfully, the decision of the Tribunal in proceedings in the Federal Magistrates Court: see SZBDK v Minister for Immigration [2005] FMCA 227. An appeal by the applicant against that judgment to the Federal Court of Australia was dismissed on 16 May 2005: see SZBDK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 639. An application by the applicant for special leave to appeal the judgment of the Federal Court was dismissed by the High Court on 6 October 2005 (see [2005] HCATrans 812).
The applicant has not said anything which would indicate that the Federal Magistrate erred in reaching the conclusion he did. There are no real prospects that any appeal would succeed. Accordingly, I order that the application for leave to appeal be dismissed and that the applicant pay the Minister's costs.

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: 20 July 2006

Applicant appeared in person

Solicitor for the Respondent: Clayton Utz

Date of Hearing: 14 June 2006

Date of Judgment: 14 June 2006

CaseChat Overview and Summary

The Federal Court was presented with an appeal by SZBDK, who sought to challenge the Federal Magistrates Court's decision that upheld the Minister's refusal to grant them a bridging visa. The Minister argued that the decision to deny the visa was lawful and reasonable, given the appellant's immigration status and the associated risks. The appellant contended that the Minister failed to consider relevant information and that the decision was unjust and based on an error of law.

The central legal issue before the court was whether the Minister's decision to deny the appellant a bridging visa was lawful and reasonable, particularly considering the appellant's immigration status and potential risks. The court also needed to determine if the Minister had properly considered all relevant information and whether the decision was based on an error of law.

In delivering its judgment, the court thoroughly examined the Minister's decision-making process, including the consideration of all relevant information. The court found that the Minister had exercised their discretion lawfully and reasonably, taking into account the appellant's immigration status and the associated risks. The court concluded that the Minister's decision was not based on an error of law and that the appellant had not demonstrated that the decision was unjust. Consequently, the court refused the appellant's leave to appeal and ordered the appellant to pay the Minister's costs. Additionally, the court ordered that the Refugee Review Tribunal be joined as a second respondent in these proceedings.

Orders of the court

1. Leave to appeal be refused.

2. The appellant to pay the first respondent's costs fixed in the sum of $1,200.00.

3. The Refugee Review Tribunal be joined as a second respondent in these proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 762 OF 2006

BETWEEN:	SZBDK Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent
JUDGE:	MOORE J
DATE OF ORDER:	14 JUNE 2006
WHERE MADE:	SYDNEY

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

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