SZBPF v Minister for Immigration

[2007] FMCA 1327

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBPF v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1327

MIGRATION – RRT decision – Tribunal declined in second application – previous unsuccessful judicial review litigation – application dismissed at first court date.

Federal Magistrates Court Rules 2001 (Cth), rr.44.12, 44.12(1)(a)
Migration Act 1958 (Cth), s.476

SZASP v Minister for Immigration & Citizenship [2007] FCA 771
SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs& Anor [2007] HCATrans 227
SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 867
SZBPF v Minister for Immigration [2006] FMCA 630
SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] HCATrans 121
SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1532
SZBPF v Minister for Immigration [2005] FMCA 1085

Applicant: SZBPF

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG2162 of 2007

Judgment of: Smith FM

Hearing date: 31 July 2007

Delivered at: Sydney

Delivered on: 31 July 2007

REPRESENTATION

Counsel for the Applicant: Applicant in person

Counsel for the First Respondent: Mr B Cramer

Solicitors for the Respondents: Blake Dawson Waldron

ORDERS

1. The application is dismissed under r.44.12 on the ground that it does not raise an arguable case for the relief claimed.

2. The applicant must pay the first respondent’s costs in the sum of $800. 

3. Direct that no further application for review of the decisions of the Refugee Review Tribunal handed down on 29 August 2003 or 27 June 2007, or for review of the decision of the delegate of the first respondent dated 20 December 2002 or for review of any other administrative decision or action by any person or tribunal relating to the application for a protection visa received on 21 May 2002, shall be accepted for filing without prior leave of the Court. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2162 of 2007

SZBPF

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application filed on 12 July 2007, invoking this Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Refugee Review Tribunal (“the Tribunal”) dated 25 June 2007. In that decision the Tribunal held that it did not have jurisdiction to entertain a second application seeking review of a delegate’s decision made on 20 December 2002. The delegate refused an application for a protection visa made by the applicant.

2. The Tribunal refused jurisdiction on the basis that a previous decision of the Tribunal had already reviewed the delegate’s decision and had affirmed it on 29 August 2003.  The Tribunal took the view that it was functus officio. It was plainly correct in thinking that, and the applicant has no arguable grounds for obtaining the relief he seeks. He has been on notice that the respondent would seek the dismissal of the application today, and I consider that it is appropriate to do this under r.44.12(1)(a).

3. The applicant’s present application follows a course adopted by numerous abusive proceedings in recent months.  They are abusive because the applicant has already sought judicial review of the previous Tribunal’s decision.  Raphael FM dismissed an application in that respect on 25 July 2005 (see SZBPF v Minister for Immigration [2005] FMCA 1085). Graham J dismissed an appeal on 18 October 2005 (see SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1532). Hayne and Crennan JJ dismissed an application for special leave on 9 March 2006 (see SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] HCATrans 121).

4. The applicant then commenced a second proceeding in this Court seeking review of the first Tribunal’s decision.  That application was dismissed as an abuse of process by Scarlett FM on 24 April 2006 (see SZBPF v Minister for Immigration [2006] FMCA 630). Moore J refused leave to appeal from that decision on 14 June 2006 (see SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 867). Kirby and Callinan JJ had refused special leave on 23 May 2007 (see SZBPF v Minister for Immigration & Multicultural & Indigenous Affairs& Anor [2007] HCATrans 227).

5. The present application, therefore, fits clearly within a pattern detected by Moore J in SZASP v Minister for Immigration & Citizenship [2007] FCA 771, in which he urged the Minister to halt a plainly abusive practice which is occupying substantial resources of the Australian Federal courts, and risks bringing their processes into disrepute. This is the second of such matters in my list this morning. All that the Court can do for itself, is to make another order that the Registry should refuse any fresh applications without the prior leave of a Federal Magistrate. I propose to make that order in this case.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Smith FM

Associate:  Lilian Khaw

Date:  16 August 2007