SZJOD v Minister for Immigration and Citizenship

[2007] FCA 217

FEDERAL COURT OF AUSTRALIA

SZJOD v Minister for Immigration and Citizenship [2007] FCA 217

SZJOD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2445 OF 2006

MOORE J
27 FEBRUARY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2445 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJOD
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	27 FEBRUARY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $1500.

3.The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'.

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 2445 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJOD
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	27 FEBRUARY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 7 December 2006: see SZJOD v Minister for Immigration & Anor [2006] FMCA 1869. In that judgment the Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal of 6 October 2006. The Tribunal had determined that it had no jurisdiction to review the delegate's decision of 19 November 2002, having already determined an earlier application for review of the same decision on 18 September 2003. I note that the applicant had also sought judicial review of the first Tribunal decision in the Federal Magistrates Court, this Court and the High Court: see SZBPE v Minister for Immigration [2005] FMCA 607, SZBPE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1193 and SZBPE v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 386.

2. The Federal Magistrate concluded that there was no error apparent in the Tribunal’s decision of 6 October 2006.  The Federal Magistrate also found that the proceeding was an abuse of process and ordered that no further application for review of either of the Tribunal decisions be accepted for filing except with leave of the Court.  It is not apparent to me that the Federal Magistrate erred.  Were leave to appeal given, any appeal is doomed to fail.  In those circumstances the application for leave to appeal is dismissed with costs.  I order that those costs be fixed in the sum of $1500.

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:        2 March 2007

The applicant appeared in person
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	27 February 2007
Date of Judgment:	27 February 2007