SZCLW v Minister for Immigration and Citizenship

[2007] FCA 1023

FEDERAL COURT OF AUSTRALIA

SZBWD v Minister for Immigration and Citizenship [2007] FCA 1023

SZBWD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 618 OF 2007

MOORE J
4 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 618 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBWD
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 be dismissed.

2.The applicant pay the Minister's costs.

3.Costs be fixed in the sum of $1000.

4.The Refugee Review Tribunal be joined as second respondent.

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 618 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZBWD
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 the judgment of the Federal Magistrate of 23 March 2007: see SZBWD v Minister for Immigration & Anor [2007] FMCA 432. The Federal Magistrate dismissed as incompetent an application for judicial review of decisions of both the delegate of the Minister and the Refugee Review Tribunal, the former given on 6 June 2003, the latter on 23 October 2003. In substance, the Federal Magistrate dismissed the application as incompetent because it was out of time in relation to both decisions. It is not apparent to me that the Federal Magistrate erred in reaching that conclusion. In my opinion the applicant has no prospects of success were leave to be granted.

2. Accordingly, I propose to dismiss the application with costs.  I note that the application is made against the background of the applicant having litigated earlier in the Federal Magistrates Court, this Court and the High Court in proceedings challenging the decision of the Tribunal: SZBWD v Minister for Immigration & Anor [2005] FMCA 1736, SZBWD v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 253, SZBWD v Minister for Immigration and Multicultural Affairs [2006] HCATrans 558. I fix those costs in the sum of $1,000. The Tribunal should be joined as a party.

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:        10 July 2007

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	4 July 2007
Date of Judgment:	4 July 2007