SZHFL v Minister for Immigration and Multicultural Affairs

[2006] FCA 858

FEDERAL COURT OF AUSTRALIA

SZHFL v Minister for Immigration and Multicultural Affairs [2006] FCA 858

SZHFL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 607 OF 2006

MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 607 OF 2006

BETWEEN:

SZHFL
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. Leave to appeal be refused.
2. The appellant to pay the first respondent's costs fixed in the sum of $1100.00.
3. The RRT be joined as a second respondent in these proceedings.

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 607 OF 2006

BETWEEN:

SZHFL
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 a judgment of the Federal Magistrate of 2 March 2006 dismissing an application for judicial review of a decision of the delegate of the first respondent made on 5 May 1999 refusing to grant the applicant a protection visa.  The Federal Magistrate dismissed the application filed 28 September 2005 as an abuse of process.  I should note that the delegate's decision was the subject of an application for review to the Refugee Review Tribunal which on 11 December 2001 made a decision affirming the delegate's decision.  Following the decision of the Tribunal, there was extensive litigation in this Court and the High Court, together with the Federal Magistrates Court, seeking to challenge the Tribunal's decision. 

2. An application by the applicant for judicial review of the Tribunal decision was dismissed by this Court on 11 April 2002.  An appeal by the applicant against that judgment to a Full Court of this Court was dismissed on 6 November 2002.  An application for special leave to appeal to the High Court against the Full Court judgment was deemed abandoned on 21 July 2003.  A second application for special leave to appeal to the High Court was deemed abandoned on 3 February 2004.  A third application for special leave to appeal to the High Court (ex parte) was dismissed on 31 March 2004.  A second application for judicial review of the Tribunal decision filed in the Federal Magistrates Court was dismissed on 27 September 2004.  An application for an extension of time in which to file a notice of appeal in the Federal Court in respect of that judgment was dismissed by this Court on 8 December 2004. 

3. The applicant has failed at each point in that litigation.  The applicant has not demonstrated any error on the part of the Federal Magistrate in dismissing the application as an abuse of process.  There are no prospects of the applicant succeeding in any appeal were leave granted.  Accordingly, the application for leave to appeal should be dismissed with costs.

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:            10 July 2006

The Applicant appeared in person
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006