SZDCF v Minister for Immigration and Citizenship

[2007] FCA 2001

FEDERAL COURT OF AUSTRALIA

SZDCF v Minister for Immigration and Citizenship [2007] FCA 2001

SZDCF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1804 OF 2007

MOORE J
13 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1804 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDCF
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
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 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 1804 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDCF
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
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 leave to appeal against a judgment of a Federal Magistrate of 15 August 2007: SZDCF v Minister for Immigration & Anor [2007] FMCA 1391. The Federal Magistrate dismissed an application for judicial review rule 13.10 of the Federal Magistrates Court Rules 2001, on the basis that the application for judicial review was false, vexatious and an abuse of process.  That conclusion was reached against a background in which the applicant had sought to challenge the decision of the Refugee Review Tribunal in proceedings in the Federal Magistrates Court, this Court and the High Court: see SZDCF v Minister for Immigration & Anor [2006] FMCA 244, SZDCF v Minister for Immigration and Multicultural Affairs [2006] FCA 1195 and SZDCF v Minister for Immigration and Multicultural Affairs [2007] HCATrans 223. It is not apparent to me that the Federal Magistrate erred in dismissing the application.

2. In my view the appeal is doomed to fail and accordingly it is appropriate that I dismiss the application for leave to appeal.  I so order and also order that the applicant pay the respondent’s costs.  I order that those costs be fixed in the sum of $1000.

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:        21 December 2007

The Applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	13 December 2007
Date of Judgment:	13 December 2007