SZBJZ v Minister for Immigration and Citizenship

[2007] FCA 452

FEDERAL COURT OF AUSTRALIA

SZBJZ v Minister for Immigration and Citizenship [2007] FCA 452

SZBJZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 270 OF 2007

MOORE J
27 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 270 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBJZ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	27 MARCH 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Leave to appeal be refused.

2.The applicant pay the first respondent's costs fixed in the sum of $1000.

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 270 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBJZ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	27 MARCH 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate, of 7 February 2007, dismissing as incompetent an application filed in the Federal Magistrates Court on 28 August 2006: see SZBJZ v Minister for Immigration & Anor [2007] FMCA 118. The application before the Federal Magistrate was an application for an order to show cause why a remedy should not be granted in respect of the Refugee Review Tribunal's decision dated 21 July 2003 and handed down on 14 August 2003 affirming the decision of the delegate of the first respondent not to grant a protection visa. The Federal Magistrate concluded, correctly, that the application was out of time and did not fall within the provision which permits limited extension of time: see s 477(1) and (2) of the Migration Act 1958 (Cth). Accordingly, in my opinion, any appeal would be futile. I refuse leave to appeal and order the applicant to pay the first respondent's costs fixed in the sum of $1000.

2. I also note that the proceedings in the Federal Magistrates Court and this Court occur against a background of litigation, in the Federal Magistrates Court, this Court and the High Court, in which the applicant has sought to challenge the Tribunal's decision: see SZBJZ v Minister for Immigration [2005] FMCA 639, SZBJZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1329, SZBJZ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCSTrans 397.

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:        2 April 2007

The Applicant appeared in person.
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	27 March 2007
Date of Judgment:	27 March 2007