SZFYM v Minister for Immigration and Citizenship

[2007] FCA 884

FEDERAL COURT OF AUSTRALIA

SZFYM v Minister for Immigration and Citizenship [2007] FCA 884

SZFYM AND SZFYN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 517 OF 2007

MOORE J
8 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 517 OF 2007

BETWEEN:

SZFYM
First Applicant

SZFYN
Second 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 application be dismissed.

2.The first applicant pay the first respondent's costs fixed in the sum of $800.00.

3.No further application for review of the decision of the delegate of the first respondent dated 8 May 2001, 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.

4.Any proceeding instituted by the applicant relating to the above may not be continued without the leave of the Court.

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

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 517 OF 2007

BETWEEN:

SZFYM
First Applicant

SZFYN
Second 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 9 March 2007: see SZFYM & Anor v Minister for Immigration & Anor [2007] FMCA 516. The Federal Magistrate dismissed an application for judicial review of a number of decisions concerning the applicants’ attempts to secure protection visas. The application before the Federal Magistrate purported to seek review of two decisions of a delegate of the Minister and two decisions of the Refugee Review Tribunal. For the reasons given by the Federal Magistrate, his Honour was correct in dismissing the application. In my opinion any appeal would be doomed to fail.

2. I note that this application for leave to appeal is made against the background of extensive litigation both in this Court, the Federal Magistrates Court and the High Court: see NAQY & NAQZ v Minister for Immigration [2002] FMCA 355, NAQZ of 2002; NAQY of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 898, NAQZ of 2002 & Anor v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 84, SZFXY, SZFYM & Anor v Minister for Immigration [2005] FMCA 818, SZFYM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1303, and SZFYM & Anor v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 387. I order that the application be dismissed.

3. I order that the first applicant pay the Minister’s costs fixed in the sum of $800.  I lastly order that no further proceedings be filed in this Court by the applicants without 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:        26 June 2007

Applicant appeared in person
Solicitor for the First Respondent:	Blake Dawson Waldron
Date of Hearing:	8 June 2007
Date of Judgment:	8 June 2007