SZCNP v Minister for Immigration and Citizenship

[2007] FCA 1476

FEDERAL COURT OF AUSTRALIA

SZCNP v Minister for Immigration and Citizenship [2007] FCA 1476

SZCNP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1483 OF 2007

MOORE J
18 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1483 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCNP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	18 SEPTEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $1200.

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 1483 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCNP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	18 SEPTEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 12 July 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 17 December 2003: see SZCNP v Minister for Immigration & Anor [2007] FMCA 112. His Honour dismissed the application on the basis that, firstly, it was incompetent and, secondly, it was an abuse of process. As to that second conclusion his Honour’s view appears to me to be correct.

2. The application his Honour was dealing with was the second application filed by the  applicant seeking judicial review of the Tribunal’s decision in the Federal Magistrates Court.  The first application was filed in January 2004 and was dismissed by a Federal Magistrate on 13 February 2006: see SZCNP v Minister for Immigration & Anor [2006] FMCA 247. Following that decision, the applicant had sought, unsuccessfully, to challenge the Tribunal's decision both in this Court and the High Court: see SZCNP v Minister for Immigration and Multicultural Affairs [2006] FCA 1140 and SZCNP v Minister for Immigration and Multicultural Affairs [2007] HCATrans 239.

3. Nothing has been put by the applicant to suggest that some further or different ground was raised in the application dealt with by the Federal Magistrate in his judgment of 12 July 2007.  In my opinion were leave given the application would have no prospects of success.  Accordingly, I dismiss the application with costs.  I fix those costs in the sum of $1200.

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:        25 September 2007

The Applicant appeared in person
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	18 September 2007
Date of Judgment:	18 September 2007