SZBQV v Minister for Immigration and Citizenship

[2007] FCA 455

FEDERAL COURT OF AUSTRALIA

SZBQV v Minister for Immigration and Citizenship [2007] FCA 455

SZBQV, SZBRC, SZBRD AND SZBRE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2551 OF 2006

MOORE J
27 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2551 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBQV
First Applicant

SZBRC
Second Applicant

SZBRD
Third Applicant

SZBRE
Fourth 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 be refused, if leave be necessary.

2.The appeal otherwise be dismissed.

3.The first applicant 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".

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 2551 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBQV
First Applicant

SZBRC
Second Applicant

SZBRD
Third Applicant

SZBRE
Fourth 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 a Federal Magistrate of 13 December 2006 (SZBQV v Minister for Immigration [2006] FMCA 1894) dismissing an application seeking judicial review of a decision of the delegate of the Minister of 7 November 2002 refusing the applicant a protection visa. The Federal Magistrate was correct in concluding that she had no jurisdiction to entertain the application. I note that the application to the Federal Magistrates Court was made against a background of considerable litigation in the Federal Magistrates Court (SZBQV v Minister for Immigration [2004] FMCA 366 and SZBQV v Minister for Immigration [2006] FMCA 157), this Court (SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499 and SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1242) and the High Court (SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 485 and SZBQV v Minister for Immigration and Multicultural Affairs [2006] HCATrans 638), concerning a decision of the Refugee Review Tribunal of 12 September 2003 affirming the delegate’s decision.

2. The applicant has sought that the matter be adjourned today.  There is, in my view, no prospects of the appeal succeeding in those circumstances.  I do not propose to adjourn the proceedings.  The better view is probably these proceedings should have been constituted by an application for leave to appeal.  If leave be necessary I refuse leave and otherwise, dismiss the appeal and order the first appellant to pay the Minister’s costs.

3. I fix those costs in the sum of $1000 and order the name of the respondent to read, “The Minister for Immigration and Citizenship”.

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:        2 April 2007

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	27 March 2007
Date of Judgment:	27 March 2007