SZBPB v Minister for Immigration and Citizenship

[2007] FCA 449

FEDERAL COURT OF AUSTRALIA

SZBPB v Minister for Immigration and Citizenship [2007] FCA 449

SZBPB AND SZBPC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2457 OF 2006

MOORE J
27 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2457 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBPB
First Applicant

SZBPC
Second 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 if leave be necessary.

2.The appeal otherwise be dismissed.

3.The applicants pay the first respondent's costs fixed in the sum of $1000.

4.The name of the first respondent be amended to "Minister for Immigration and Citizenship".

5.The Registry not accept for filing any application for review of the decision of the Refugee Review Tribunal dated 22 August 2003 and handed down on 18 September 2003 or the decision of the Delegate dated 5 November 2002 or any notification of either the Refugee Review Tribunal or Delegate's decisions without prior leave of the Court.

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 2457 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBPB
First Applicant

SZBPC
Second 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 what purports to be an appeal against a judgment of the Federal Magistrate of 11 December 2006 dismissing, as an abuse of process, an application for judicial review filed in that Court on 5 December 2005: see SZBPB & Minister for Immigration & Anor [2006] FMCA 1907. That application for judicial review sought the review of a decision of the Refugee Review Tribunal of 22 August 2003. The better view is that this should be an application for leave to appeal rather than an appeal but in the circumstances of this case that point is immaterial.

2. The application to the Federal Magistrates Court was made against a background of litigation in which the applicant sought to challenge the Tribunal's decision in the Federal Magistrates Court, this Court and the High Court: see SZBPB & Anor v Minister for Immigration [2005] FMCA 395, SZBPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 875 and SZBPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCATrans 927. It is not apparent to me that the Federal Magistrate erred in dismissing the application as an abuse of process. Accordingly, if leave be necessary I refuse leave to appeal and otherwise dismiss the appeal and order the applicants to pay the first respondent’s costs, fixed in the sum of $1000.

3. I also make an order in the same terms as order 3 of the orders of the Federal Magistrate with appropriate modifications, namely that the Registry of this Court not accept for filing any application for review of the decision of the Refugee Review Tribunal dated 22 August 2003 and handed down on 18 September 2003 or the decision of the delegate dated 5 November 2002 or any notification of either the Refugee Review Tribunal or delegate's decisions without prior leave of the Court.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        3 April 2007

The First Applicant appeared in person
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	27 March 2007
Date of Judgment:	27 March 2007