SZBPF v Minister for Immigration and Citizenship

[2007] FCA 1474

FEDERAL COURT OF AUSTRALIA

SZBPF v Minister for Immigration and Citizenship [2007] FCA 1474

SZBPF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1640 OF 2007

MOORE J
18 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1640 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBPF
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	18 SEPTEMBER 2007
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 $900.

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 1640 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBPF
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	18 SEPTEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of Federal Magistrate of 31 July 2007: see SZBPF v Minister for Immigration & Anor [2007] FMCA 1327. The Federal Magistrate dismissed an application seeking judicial review of a decision of the Refugee Review Tribunal of 25 June 2007. The Tribunal decided that it had no jurisdiction to entertain an application for review of a decision of a delegate of the Minister of 20 December 2002 refusing to grant the applicant a protection visa. The application to the Tribunal was the second occasion on which the applicant had applied to the Tribunal for review of the delegate's decision, an earlier application resulting in a decision of the Tribunal handed down on 3 September 2003 affirming the delegate's decision.

2. The Federal Magistrate did not discern any error on the part of the Tribunal and viewed the application as an abuse of process.  It is not apparent to me that the Federal Magistrate erred in dealing with the matter in the way he did.  In my opinion, were leave granted there are no prospects of any appeal succeeding. 

3. Accordingly, I propose to dismiss the application with costs.   I fix those costs in the sum of $900. 

4. I note that this application is made against a background of repeated litigation in this Court, the Federal Magistrates Court and the High Court over the refusal to grant the applicant a protection visa: see SZBPF v Minister for Immigration [2005] FMCA 1085, SZBPF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1532, SZBPF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 121, SZBPF v Minister for Immigration & Anor [2006] FMCA 630, SZBPF v Minister for Immigration and Multicultural Affairs [2006] FCA 867 and SZBPF v Minister for Immigration and Multicultural and Indigenous Affairs [2007] HCATrans 227.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        25 September 2007

The Applicant appeared in person
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	18 September 2007
Date of Judgment:	18 September 2007