SZCKD v Minister for Immigration and Citizenship

[2007] FCA 889

FEDERAL COURT OF AUSTRALIA

SZCKD v Minister for Immigration and Citizenship [2007] FCA 889

SZCKD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 589 OF 2007

MOORE J
8 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 589 OF 2007

BETWEEN:

SZCKD
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	8 JUNE 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the first respondent’s costs fixed in the sum of $800.

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 589 OF 2007

BETWEEN:

SZCKD
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

8 JUNE 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This is what purports to be an appeal against a judgment of the Federal Magistrate of 4 April 2007: see SZCKD v Minister for Immigration and Citizenship [2007] FMCA 558. In truth it should be an application for leave to appeal and I propose to treat it as such. The Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal of 25 January 2007. In that decision the Tribunal determined that it had no power to entertain the application for review given that it involved a review of a decision that had earlier been reviewed by the Tribunal. The Federal Magistrate concluded that the Tribunal had not erred in approaching the matter in the way it had.

2. In my opinion the Federal Magistrate was correct in reaching that conclusion.  Accordingly, were leave given there are no prospects this appeal would succeed and I propose to dismiss the application.  I note that this application is made against a background of litigation in the Federal Magistrates Court, this Court and the High Court on earlier occasions: see SZCKD vMinister for Immigration [2005] FMCA 1896; SZCKD vMinister for Immigration and Multicultural Affairs [2006] FCA 451; SZCKD v Minister for Immigration and Multicultural Affairs [2006] HCATrans 608. I order that the application be dismissed and that the applicant pay the Minister’s costs.

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:        26 June 2007

The Applicant appeared in person
Solicitor for the First Respondent:	Sparke Helmore
Date of Hearing:	8 June 2007
Date of Judgment:	8 June 2007