SZBDL v Minister for Immigration and Multicultural Affairs

[2006] FCA 865

FEDERAL COURT OF AUSTRALIA

SZBDL v Minister for Immigration and Multicultural Affairs [2006] FCA 865

SZBDL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 635 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD635 OF 2006

BETWEEN:

SZBDL
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:

1.The application for leave to appeal be dismissed.

2.The applicant pay the first respondent’s costs fixed in the sum of $1100.00.

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	NSD635 OF 2006

BETWEEN:

SZBDL
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

1. This is an application for leave to appeal from a judgment of the Federal Magistrate of 9 March 2006 dismissing an application by the applicant filed 9 January 2006 for judicial review of a decision of the Refugee Review Tribunal made on 20 June 2003.  The application to the Federal Magistrates Court was preceded by litigation both in that Court (see SZBDL v Minister for Immigration [2005] FMCA 58), this Court (see SZBDL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1091) and the High Court (see SZBDL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 1025), seeking to challenge the same Tribunal decision.

2. The applicant has not identified any error in the approach adopted by the Federal Magistrate.  In my opinion, the applicant has no prospects of success in any appeal.  The application for leave to appeal should be dismissed with costs which I fix in the sum of $1100.

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:            14 July 2006

Counsel for the Applicant:
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006