SZLRX v Minister for Immigration and Citizenship

[2008] FCA 1822

FEDERAL COURT OF AUSTRALIA

SZLRX v Minister for Immigration and Citizenship [2008] FCA 1822

SZLRX v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1151 OF 2008

MOORE J
14 NOVEMBER 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1151 OF 2008

BETWEEN:

SZLRX
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	14 NOVEMBER 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed with costs.

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 1151 OF 2008

BETWEEN:

SZLRX
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 NOVEMBER 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of the Federal Magistrates Court of 12 June 2008: SZLRZ v Minister for Immigration & Anor [2008] FMCA 895. The applicant unsuccessfully sought review before the Refugee Review Tribunal of a decision of a delegate of the Minister to refuse the applicant a protection visa. The Tribunal gave its decision on 10 October 2007, and it did so in circumstances where the applicant did not attend the hearing. Proceedings were then commenced in the Federal Magistrates Court. Three grounds of error were alleged, and while in form they raised legal issues, their generality provided no real indication of what the grounds of review were.

2. The matter came before a Registrar of the Federal Magistrates Court on 20 December 2007. The applicant did not attend the hearing before the Registrar, and the application was subsequently dismissed under rule 13.03A(c) of the Federal Magistrates Court Rules 2001 (Cth). The applicant then sought an order from a Federal Magistrate to reinstate the application. That application was dismissed on 12 June 2008.

3. The affidavit in support of the application for leave to appeal does not disclose any arguable ground of appeal pointing to error on the part of either the Registrar or the Federal Magistrate.  Nothing has been put by the applicant that suggests there was any such error. 

4. Accordingly, I propose to dismiss the application for leave to appeal on the basis that the appeal is doomed to fail. 

5. I also order that the applicant pay the respondents' costs of the application. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        1 December 2008

The Applicant appeared in person.
Solicitor for the Respondents:	DLA Phillip Fox

Date of Hearing:	14 November 2008
Date of Judgment:	14 November 2008