SZCLW v Minister for Immigration and Citizenship

[2007] FCA 2006

FEDERAL COURT OF AUSTRALIA

SZCLW v Minister for Immigration and Citizenship [2007] FCA 2006

SZLCW v MINISTER FOR CITIZENSHIP AND IMMIGRATION AND REFUGEE REVIEW TRIBUNAL
NSD 2001 OF 2007

MOORE J
13 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2001 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLCW
Applicant

AND:

MINISTER FOR CITIZENSHIP AND IMMIGRATION
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 an extension of time in which to seek leave to appeal be dismissed.

2.The applicant pay the Minister's costs fixed in the sum of $1000.

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 2001 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLCW
Applicant

AND:

MINISTER FOR CITIZENSHIP AND IMMIGRATION
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 an extension of time to seek leave to appeal against a judgment of a Federal Magistrate of 13 September 2007: SZLCW v Minister for Immigration & Anor [2007] FMCA 1663. It appears an extension of time in which to file the application would be required, as the application was filed one day out of time. The Federal Magistrate dismissed an application for judicial review of the decision of the Refugee Review Tribunal handed down on 6 July 2007. The Tribunal, by its decision, determined that it had no jurisdiction to entertain a second application for review a decision of a delegate of the first respondent of 25 June 1999. The delegate's decision had been the subject of an earlier application to the Tribunal which resulted in a decision of the Tribunal of 11 June 1998 to affirm the delegate's decision. Nothing has been put to suggest that there was any error attending the decision of the Federal Magistrate to dismiss the application for judicial review.

2. It was an application made against the background in which the applicant had litigated on several occasions in this Court, the Federal Magistrates Court and the High Court issues concerning the delegate's decision and the first Tribunal's decision: S1647 of 2003 v Minister for Immigration [2004] FMCA 952, Applicant S1647/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 417, Applicants S1647 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 639, S1647 of 2003 v  Minister for Immigration & Anor [2006] FMCA 517, Applicants S1647 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 995 and Applicants S1647 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2007] HCATrans 207.

3. The applicant did not appear today.  The applicant's husband has appeared and has handed up some written submissions which, at least on one view, appear to be an application for an adjournment.  I would dismiss that application for an adjournment because the application ultimately is doomed to fail.  For the same reason I propose to dismiss the application for an extension of time in which to seek leave to appeal.  The applicant should pay the first respondent's costs, which I fix in the sum of $1000.

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

The applicant's husband appeared in person
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	13 December 2007
Date of Judgment:	13 December 2007