SZCEM v Minister for Immigration and Citizenship

[2007] FCA 1999

FEDERAL COURT OF AUSTRALIA

SZCEM v Minister for Immigration & Citizenship [2007] FCA 1999

SZCEM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD1606 OF 2007

MOORE J
13 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1606 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCEM
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	13 DECEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the Minister's costs in the sum of $850.

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	NSD1606 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCEM
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	13 DECEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against the judgment of a Federal Magistrate of 30 July 2007 (SZCEM v Minister for Immigration & Anor [2007] FMCA 1233). The Federal Magistrate dismissed an application for judicial review of a decision of the Tribunal under rule 13 of the Federal Magistrates Court Rules 2001 (Cth). The Tribunal made its decision on 19 June 2007 (sent on 21 June 2007) and found that it had no jurisdiction to deal with an application for review of a decision of a delegate of the Minister. The Tribunal had previously considered the matter in a decision handed down on 18 November 2003 (N03/46077). That decision had been the subject of litigation in both this Court (SZCEM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 536) and the Federal Magistrates Court (SZCEM v Minister for Immigration & Anor [2006] FMCA 102 and SZCEM v Minister for Immigration & Anor [2007] FMCA 1009) and the High Court (SZCEM v Minister for Immigration and Multicultural Affairs [2006] HCATrans 696).

2. It is not apparent to me that the Federal Magistrate erred in dismissing the application for judicial review in the judgment given on 30 July 2007 for the reasons given by the Federal Magistrate. 

3. The application for leave to appeal ought to be refused because the appeal has no prospects of success.  Accordingly, I order that the application for leave to appeal be dismissed, with costs.  I fix those costs in the sum of $850.

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:       21 December 2007

Counsel for the Appellant:	The appellant did not appear.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	13 December 2007
Date of Judgment:	13 December 2007