SZDLQ v Minister for Immigration and Citizenship

[2007] FCA 1473

FEDERAL COURT OF AUSTRALIA

SZDLQ v Minister for Immigration and Citizenship [2007] FCA 1473

SZDLQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1649 OF 2007

MOORE J
18 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1649 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDLQ
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 $1100.

3.The applicant not institute any proceeding in the Federal Court of Australia related in any way to his protection visa application lodged on 25 March 2003, except by leave of the Court.

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 1649 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDLQ
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 31 July 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal handed down on 22 April 2004: see SZDLQ v Minister for Immigration & Anor [2007] FMCA 1318.. The Tribunal concluded that it had no jurisdiction to entertain an application for review of a decision of a delegate of the Minister of 11 June 2003 refusing to grant the applicant a protection visa. That decision of the delegate had already been the subject of review by the Tribunal, which affirmed the delegate's decision on 30 March 2004.

2. The Federal Magistrate concluded that the Tribunal was correct in determining it had no jurisdiction to entertain the second application for review.  In my opinion the Federal Magistrate was correct in reaching that conclusion.  Were leave given any appeal is doomed to fail.  In those circumstances I refuse leave.  I should note that this application is brought against a background of unsuccessful litigation in this Court, the Federal Magistrates Court and the High Court by which the applicant has sought to challenge the Tribunal's decision: see SZDLQ v Minister for Immigration [2004] FMCA 947, SZDLQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 696, SZDLQ v Minister for Immigration and Multicultural Affairs [2005] HCATrans 726, SZDLQ v Minister for Immigration & Anor [2006] FMCA 403, SZDLQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1277 and SZDLQ v Minister for Immigration and Multicultural Affairs & Anor [2007] HCATrans 136.

3. I order the application be dismissed and the applicant pay the respondent’s costs.  I order those costs be fixed in the sum of $1100.  Further, I order that the applicant not institute any proceedings in the Federal Court of Australia related in any way to his protection visa application lodged on 25 March 2003 except by leave of the Court.

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:	Australian Government Solicitor
Date of Hearing:	18 September 2007
Date of Judgment:	18 September 2007