SZICI v Minister for Immigration and Multicultural Affairs

[2006] FCA 870

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

1. 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. 

2. 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