SZBPS v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 435

FEDERAL COURT OF AUSTRALIA

SZBPS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 435

MIGRATION – no point of principle

SZBPS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 158 OF 2005

MOORE J
23 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 158 OF 2005

BETWEEN:	SZBPS APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	23 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent's costs of the application.

3.Costs be fixed in the sum of $600.

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 158 OF 2005

BETWEEN:	SZBPS APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	23 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate given on 17 January 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal").  On 17 September 2003 the Tribunal handed down its decision of 21 August 2003 affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant the applicant a protection visa.  The applicant is a citizen of Bangladesh and his claims for a protection visa centred on what he asserted had been his experiences in Bangladesh arising from his political opinion or imputed political opinion.

2. The Federal Magistrate was asked by the Minister to dismiss the matter on the basis that the application before the Federal Magistrate disclosed no reasonable cause of action or, alternatively, it was frivolous or vexatious, or an abuse of process.  The Federal Magistrate concluded that the application filed on 10 October 2003 was essentially meaningless and effectively accepted the respondent's submission that each ground of the review ought fail because it had not been particularised, was unsupported by evidence, was an impermissible invitation to revisit the merits, or a combination of the above.   His Honour dismissed the application for judicial review on the basis that it disclosed no reasonable cause of action.

3. The matter has been called this morning and there has been no appearance from the applicant.  However, it is clear that he is aware of the hearing as yesterday the Court received a facsimile from the applicant saying that he did not feel well and was physically unable to appear today and sought an adjournment for two weeks.  The Minister opposes the adjournment and, as I understand it, asks for the matter to be dismissed this morning for non-appearance.  I am prepared to follow that course. 

4. I do so because there is nothing in the material to suggest that there was any error on the part of the Federal Magistrate in dismissing the application and, indeed, the draft notice of appeal raises no points of substance about either the approach adopted by the Federal Magistrate or the approach adopted by the Tribunal.  There is insufficient evidence before me to suggest that there are real and substantial grounds for adjourning the application for a fortnight.  There is no evidence before me and simply the bare assertion that the applicant did not feel well.

5. I order that the application be dismissed and the applicant pay the respondent's costs of the application, fixed in the sum of $600.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            15 April 2005

The Applicant did not appear.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	23 March 2005
Date of Judgment:	23 March 2005