SZCLW v Minister for Immigration and Citizenship

[2007] FCA 1019

FEDERAL COURT OF AUSTRALIA

SZCLW v Minister for Immigration and Citizenship [2007] FCA 1019

SZCLW, SZCLV AND SZCLX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 837 OF 2007

MOORE J
4 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 837 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCLW
First Applicant

SZCLV
Second Applicant

SZCLX
Third Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	4 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The first and second applicants pay the Minister's costs.

3.Costs in this matter be 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 837 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCLW
First Applicant

SZCLV
Second Applicant

SZCLX
Third Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	4 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 23 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 13 February 2007: see SZCLW & Ors v Minister for Immigration & Anor [2007] FMCA 660. The appellant sought to challenge in the Tribunal a decision of a delegate of the Minister of 26 June 2002 refusing to grant the applicants protection visas. That delegate’s decision had earlier been the subject of review by the Tribunal which affirmed the delegate’s decision on 17 December 2003. The Tribunal, on the second occasion, correctly concluded that it had no jurisdiction to entertain a second application for review of the delegate’s decision.

2. The Federal Magistrate did not err in dismissing the application for judicial review of that second Tribunal decision.  Accordingly, were leave given any appeal would be, in my opinion, doomed to fail.  Accordingly, I order that leave be refused and that the applicants pay the Minister’s costs.  I note that prior to the application to the Federal Magistrates Court filed earlier this year, the applicants unsuccessfully sought to challenge the first Tribunal's decision in the Federal Magistrates Court, an appeal from which was struck out as an abuse of process in this Court: see SZCLV & Ors v Minister for Immigration & Anor [2004] FMCA 553 and SZCLV & Ors v Minnister for Immigration & Multicultural & Indigenous Affairs & Anor [2004] FCA 1795.

3. I order that the first and second applicants pay the Minister's costs, fixed 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:        10 July 2007

The Applicants appeared in person
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	4 July 2007
Date of Judgment:	4 July 2007