SZBTB v Minister for Immigration and Citizenship

[2007] FCA 456

FEDERAL COURT OF AUSTRALIA

SZBTB v Minister for Immigration and Citizenship [2007] FCA 456

SZBTB, SZBTC AND SZBTD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 195 OF 2007

MOORE J
27 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 195 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBTB
First Applicant

SZBTC
Second Applicant

SZBTD
Third 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 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 195 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBTB
First Applicant

SZBTC
Second Applicant

SZBTD
Third 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 purports to be an appeal against a judgment of a Federal Magistrate of 24 January 2007.  His Honour dismissed an application filed in that Court on 10 November 2006 as an abuse of process.  Those proceedings sought to challenge a decision of the Refugee Review Tribunal of 26 October 2006, determining it had no jurisdiction to entertain an application for review of a decision of the delegate of 28 March 2003.  The Tribunal’s reasons for so concluding was that the matter had already been considered by way of review by the Tribunal on an earlier occasion, which affirmed a decision refusing to grant the applicants protection visas (decision handed down on 1 October 2003 and considered in SZBTB v Minister for Immigration [2005] FMCA 1504, SZBTB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1924, and SZBTB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] HCATrans 486).

2. It is not apparent to me that the Federal Magistrate erred in reaching the conclusion he did.  Leave to appeal is probably necessary.  I would refuse leave if leave be necessary because the appeal would be futile.  I otherwise dismiss the appeal.  I order that the applicant pay the Minister’s costs.  I order that the name of the first respondent be varied to read, “The Minister for Immigration and Citizenship”.  I order that the costs be fixed in the sum of $1000.

I certify that the preceding two (2) 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