SZBML v Minister for Immigration & Multicultural & Indigenous Affairs

In the case of SZBML v Minister for Immigration & Multicultural & Indigenous Affairs, the applicant sought leave to appeal against the decision of the Federal Magistrate, who had dismissed his application for review of a decision made by the Refugee Review Tribunal (RRT). The applicant argued that the Federal Magistrate erred in concluding that the RRT's decision was a privative clause decision and in following the decision of Selway J, which held that the RRT's decision was not subject to judicial review. The applicant also argued that the Tribunal did not consider the hardship of relocation and that there was an error in the Tribunal's decision under s 424A of the Act.

The court considered the applicant's arguments and found that they were not substantiated. The court noted that the Tribunal did not consider relocation because it was irrelevant to the applicant's claims, which had been rejected. The court also found that the applicant had not particularised his argument under s 424A of the Act, and that there was no evidence of jurisdictional error on the part of the Tribunal. The court held that the Federal Magistrate was not in error in finding that he had no jurisdiction to hear the applicant's application, as it was filed after the time prescribed in s 477(1A) of the Act.

The court concluded that the proposed appeal did not possess any prospects of success and that no injustice would be caused if leave to appeal was refused. The court refused leave to appeal and dismissed the purported appeal. The court also ordered the applicant to pay the respondent's costs in the sum of $2000 and that no further application by the applicant to review the decision of the Tribunal dated 18 June 2002 shall be accepted for filing, except by leave of the Court.