SZBJQ v Minister for Immigration and Multicultural Affairs

[2006] FCA 837

FEDERAL COURT OF AUSTRALIA

SZBJQ v Minister for Immigration and Multicultural Affairs [2006] FCA 837

SZBJQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 824 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 824 OF 2006

BETWEEN:

SZBJQ
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.

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 824 OF 2006

BETWEEN:

SZBJQ
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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 against the judgment of a Federal Magistrate of 10 April 2006: see SZBJQ v Minister for Immigration & Anor [2006] FMCA 473. The present application was filed on 2 May 2006. It is probably correct that time would need to be extended, but ultimately nothing turns on that. The Federal Magistrate dismissed an application filed on 24 February 2006 seeking to challenge a decision of the Refugee Review Tribunal made on 9 July 2003 and handed down on 6 August 2003. The Federal Magistrate found that the application concerned a privative cause decision, was brought out of time and was therefore incompetent. That conclusion was reached against a background of the applicant having previously sought review of the Tribunal decision in the Federal Magistrates Court, this Court and the High Court. The litigation history is set out at [7] of his Honour's reasons.

2. It is not apparent to me the Magistrate erred in dismissing the application on the basis he did.  Accordingly, and assuming the time extended, I would refuse leave to appeal on the basis that any appeal is doomed to fail.  I dismiss the application for leave to appeal with costs.  I fix those costs 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

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006