SZCLL v Minister for Immigration and Citizenship

[2007] FCA 1998

FEDERAL COURT OF AUSTRALIA

SZCLL v Minister for Immigration and Citizenship [2007] FCA 1998

SZCLL AND SZCLM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD1786 OF 2007

MOORE J
13 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1786 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCLL
First Applicant

SZCLM
Second Applicant

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 applicants pay the Minister's costs fixed 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	NSD1786 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCLL
First Applicant

SZCLM
Second Applicant

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 a judgment of a Federal Magistrate of 15 August 2007, dismissing as an abuse of process an application for judicial review (SZCLL v Minister for Immigration & Anor [2007] FMCA 1394). The application for judicial review concerned a decision of the Refugee Review Tribunal. The Tribunal's decision was handed down on 16 December 2003 and had been the subject of litigation both in the Federal Magistrates Court (SZCLL & Anor v Minister for Immigration & Anor [2005] FMCA 1474), this Court (SZDBP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 110) and the High Court (SZCLL v Minister for Immigration [2007] HCATrans 210).

2. It is not apparent to me that the Federal Magistrate erred in dismissing the application as an abuse of process, having regard to the history of the earlier litigation. 

3. Accordingly the application for leave to appeal is 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 Applicants:	The applicants did not appear.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	13 December 2007
Date of Judgment:	13 December 2007