SZFIO v Minister for Immigration and Citizenship

[2007] FCA 891

FEDERAL COURT OF AUSTRALIA

SZFIO v Minister for Immigration and Citizenship [2007] FCA 891

SZFIO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 693 OF 2007

MOORE J
8 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 693 OF 2007

BETWEEN:

SZFIO
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

8 JUNE 2007

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The Refugee Review Tribunal be joined as a party.

2.The application be dismissed.

3.The applicant pay the first respondent's costs fixed in the sum of $700.00.

4.No further application for review of the decision of the Refugee Review Tribunal signed 16 February 2007, RRT case number 071069822, or for review of the decision of the delegate of the first respondent dated 8 August 2002, or for review of any other administrative decision or action by any person concerning the visa application which was considered in that decision, shall be accepted for filing without prior leave of the Court.

5.Any proceeding instituted by the applicant relating to the above may not be continued without the 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 693 OF 2007

BETWEEN:

SZFIO
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	8 JUNE 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 2 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 19 February 2007: see SZFIO v Minister for Immigration & Anor [2007] FMCA 522. The Tribunal had determined that the application for review before it could not be made and that it had no jurisdiction to deal with it. The Federal Magistrate accepted that that decision was correct. In my opinion, the Federal Magistrate did not err in reaching that conclusion. Accordingly, were leave to appeal granted, there are no prospects of the appeal succeeding. I propose to dismiss the application and order that the applicant pay the first respondent’s costs fixed in the sum of $700.

2. I also order that the Tribunal be joined as the second respondent and that the applicant not file any further proceedings in this Court concerning a refusal to grant him a protection visa without leave of the Court.  I make that last order notwithstanding the fact that the applicant has not appeared, having regard to the fact that he has litigated in this Court twice before, in the Federal Magistrate on two earlier occasions and in the High Court, in what appears to be a pointless attempt to deal with the refusal by the delegate of the Minister to grant him a protection visa see: SZFIO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1449, SZFIO v Minister for Immigration and Multicultural Affairs [2006] FCA 663, SZFIO v Minister for Immigration & Anor [2005] FMCA 1391, SZFIO v Minister for Immigration & Anor [2006] FMCA 1319 and SZFIO v Minister for Immigration and Multicultural Affairs [2006] HCATrans 699.

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:        26 June 2007

Solicitor for the First Respondent:	Australian Government Solicitor
Date of Hearing:	8 June 2007
Date of Judgment:	8 June 2007