SZHLV v Minister for Immigration and Multicultural Affairs

[2006] FCA 1756

FEDERAL COURT OF AUSTRALIA

SZHLV v Minister for Immigration and Multicultural Affairs [2006] FCA 1756

SZHLV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 2243 OF 2006

MOORE J
14 DECEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2243 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHLV
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	14 DECEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent's costs fixed in the sum of $1000.

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 2243 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHLV
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

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

REASONS FOR JUDGMENT

1. This is an appeal filed 13 November 2006 from a decision of a Federal Magistrate of 25 October 2006: see SZHLV v Minister for Immigration and Multicultural Affairs [2006] FMCA 1619. His Honour regarded the process before him as an application for leave to apply for review of the delegate's decision of 10 May 2001, which he dismissed as an abuse of process. Costs were awarded on an indemnity basis. His Honour also directed that no further application for review of the Tribunal's decision or delegate's decision or for review of notification of those decisions shall be accepted for filing without prior leave of the Court. It is not apparent to me that the decision of the Federal Magistrate is attended with any doubt. It was a decision made against a background where there had been litigation in this Court, the Federal Magistrates Court and the High Court over the preceding two years. I order the appeal be dismissed and that the appellant pay the first respondent’s costs. I fix those costs in the sum of $1000.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        18 December 2006

Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	14 December 2006
Date of Judgment:	14 December 2006