SZEZG v Minister for Immigration and Multicultural Affairs

[2006] FCA 866

FEDERAL COURT OF AUSTRALIA

SZEZG v Minister for Immigration and Multicultural Affairs [2006] FCA 866

SZEZG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NSD 849 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 849 OF 2006

BETWEEN:

SZEZG
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

14 JUNE 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant is to pay the first respondent’s costs fixed in the sum of $1,100.00.

3.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 849 OF 2006

BETWEEN:

SZEZG
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 JUNE 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against the judgment of a Federal Magistrate of 28 April 2006 dismissing an application for judicial review filed by the applicant on 26 July 2004.  The decision the subject of that application was a decision of the Refugee Review Tribunal of 22 June 2004 affirming a decision of the respondent not to grant the applicant a protection visa.  The Federal Magistrate concluded the application was incompetent and an abuse of process.  Those conclusions were reached having regard to earlier litigation, in the Federal Magistrates Court (SZEZG v Minister for Immigration [2004] FMCA 812), this Court (SZEZG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 184) and the High Court (SZEZG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 715).

2. It is not apparent to me that the Federal Magistrate erred in making the order he did.  Accordingly, the application for leave should be refused with costs.  Costs should be fixed in the sum of $1100.

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:             14 July 2006

The Applicant appeared in person.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006