FEDERAL COURT OF AUSTRALIA
SZCOT v Minister for Immigration and Multicultural Affairs [2006] FCA 1313
SZCOT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1399 OF 2006MOORE J
5 OCTOBER 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1399 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZCOT
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE OF ORDER:
5 OCTOBER 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The purported appeal be dismissed.
3.The Refugee Review Tribunal be added as a respondent.
4.The applicant pay the first respondent’s costs fixed in the sum of $1,000.00.
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 1399 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZCOT
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
MOORE J
DATE:
5 OCTOBER 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This purports to be an appeal against a judgment of a Federal Magistrate of 11 July 2006 dismissing as an abuse of process an application filed in that court on 6 March 2006: see SZCOT v Minister for Immigration and Anor [2006] FMCA 1082 . The application filed on 6 March 2006 principally sought to challenge a decision of the Refugee Review Tribunal of 15 February 2006 and that of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing to grant the applicant a protection visa on 15 May 2001.
The Federal Magistrate’s decision was made against a background where the applicant had previously sought review of the delegate’s decision before the Refugee Review Tribunal, differently constituted, and it had affirmed the delegate’s decision (RRT reference N01/39059) on 12 February 2003. That decision of the Tribunal was the subject of an unsuccessful application for judicial review to this Court and a further application for judicial review to the Federal Magistrates Court which was dismissed as incompetent: NALB v Minister for Immigration and Multicultural Indigenous Affairs [2003] FCA 614) and SZCOTv Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 630. The applicant then sought leave to appeal against the Federal Magistrate’s decision, unsuccessfully and applied, unsuccessfully to the High Court for special leave to appeal against the Federal Court judgment refusing him leave to appeal: SZCOTv Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1771 and SZCOT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 630.
The Tribunal on the second occasion indicated it had no jurisdiction to engage, in effect, for the second time in the review process; firstly, on the basis that the application for review was out of time and secondly, it had already exhausted its powers. The Federal Magistrate indicated, in my view correctly, that that decision was open to the Tribunal. It is not apparent to me that any error attended the decision of the Federal Magistrate dismissing the application filed on 6 March 2006 as an abuse of process.
Leave is necessary and I propose to refuse to grant leave to appeal on the basis that any appeal would be doomed to fail. I dismiss the application for leave and, for completeness, dismiss the purported appeal with costs fixed in the sum of $1,000.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate:
Dated: 23 October 2006
Applicant appeared in person. Solicitor for the First Respondent: Sparke Helmore Date of Hearing: 5 October 2006 Date of Judgment: 5 October 2006
- AGLC
- SZCOT v Minister for Immigration and Multicultural Affairs [2006] FCA 1313
- Case
- [2006] FCA 1313
- Decision Date
CaseChat Overview and Summary
The court examined the principles of statutory interpretation and the applicable case law, ultimately determining that the Tribunal had correctly interpreted and applied the statutory provisions. The court found that the Tribunal's decision was supported by substantial evidence and was not flawed by any error of law. The court held that the applicant had failed to demonstrate that the Tribunal had erred in its decision-making process, and thus the application for leave to appeal was dismissed.
The court also considered the issue of costs, and determined that the applicant should bear the costs of the appeal. The court noted that the appeal was frivolous and had no reasonable prospects of success, and that the applicant had not provided any compelling reasons for the court to exercise its discretion in their favour. The court ordered that the applicant pay the first respondent's costs, fixed in the sum of $1,000.00. The court also ordered that the Refugee Review Tribunal be added as a respondent to the appeal, to ensure that all relevant parties were before the court.
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The purported appeal be dismissed.
3. The Refugee Review Tribunal be added as a respondent.
4. The applicant pay the first respondent’s costs fixed in the sum of $1,000.00.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MOORE J
Full text does not contain this section.