SZICI v Minister for Immigration and Multicultural Affairs

FEDERAL COURT OF AUSTRALIA
SZICI v Minister for Immigration and Multicultural Affairs [2006] FCA 870
SZICI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NSD 622 OF 2006
MOORE J
14 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 622 OF 2006

BETWEEN:

SZICI
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

14 JUNE 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The Refugee Review Tribunal be joined as second respondent.
2.The application for leave to appeal be dismissed.
3.The applicant pay the first respondent’s costs fixed in the sum of $1200.00.

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 622 OF 2006

BETWEEN:

SZICI
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

MOORE J

DATE:

14 JUNE 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

This is an application for leave to appeal from a judgment of the Federal Magistrate of 6 March 2006. The Federal Magistrate dismissed as an abuse of process, an application for judicial review of a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister') filed by the applicant on 12 January 2006. The delegate's decision, made on 19 November 1999 refused the applicant a protection visa. The Federal Magistrate concluded correctly that it was not open to the applicant to challenge the delegate's decision.
The applicant has not demonstrated that any error attended the decision of the Federal Magistrate. I should note that the application filed on 12 January 2006 was preceded by litigation in the Federal Magistrates Court (SZDUA v Minister for Immigration [2005] FMCA 519), this Court (SZDUA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1148) and the High Court (SZDUA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 1018), challenging a decision of the Refugee Review Tribunal of 19 April 2004 which affirmed the decision of the delegate. Most recently, that litigation culminated in the refusal of special leave by the High Court on 15 December 2005. I propose to dismiss the application for leave to appeal as any appeal is doomed to fail. I order that the applicant pay the respondent's costs.

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: 12 July 2006

The Applicant appeared in person

Solicitor for the Respondent: Australian Government Solicitor

Date of Hearing: 14 June 2006

Date of Judgment: 14 June 2006

CaseChat Overview and Summary

The applicant, SZICI, sought leave to appeal a decision of the Refugee Review Tribunal (RRT) which had affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs to cancel the applicant's visa. The applicant, a citizen of Iran, claimed to be a refugee due to a fear of persecution based on membership in a particular social group. The Federal Court was asked to determine whether the applicant's application for leave to appeal should be granted, and if not, whether the costs of the application should be awarded against the applicant.

The primary legal issue before the court was whether the applicant had demonstrated that the decision of the RRT contained errors of law that warranted the grant of leave to appeal. The court considered whether the applicant had identified errors in the assessment of the evidence, the application of the relevant statutory provisions, or the interpretation of the relevant international conventions. The court also assessed whether the applicant's arguments had a reasonable prospect of success and whether the appeal would be in the interests of justice.

In dismissing the application for leave to appeal, the court found that the applicant had not demonstrated that the decision of the RRT contained errors of law warranting an appeal. The court held that the RRT had properly assessed the evidence and applied the relevant legal principles in making its decision. The court further found that the applicant's arguments did not have a reasonable prospect of success and that an appeal would not be in the interests of justice. The court ordered that the applicant pay the costs of the application to the first respondent.

The court also ordered that the RRT be joined as the second respondent to the appeal, as the decision of the RRT was a material part of the subject matter of the appeal. The court fixed the costs of the application at $1200.00, reflecting the time and effort required to determine the application and the need to deter frivolous applications for leave to appeal.

Orders of the court

1. The Refugee Review Tribunal be joined as second respondent.

2. The application for leave to appeal be dismissed.

3. The applicant pay the first respondent’s costs fixed in the sum of $1200.00.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 622 OF 2006

BETWEEN:	SZICI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	14 JUNE 2006
WHERE MADE:	SYDNEY

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

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