SZBDK v Minister for Immigration and Multicultural Affairs [2006] FCA 855

FEDERAL COURT OF AUSTRALIA

SZBDK v Minister for Immigration and Multicultural Affairs [2006] FCA 855 SZBDK v Minister for Immigration and Multicultural Affairs AND REFUGEE REVIEW TRIBUNAL NSD 762 OF 2006 MOORE J 14 JUNE 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 762 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBDK

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE OF ORDER: 14 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave to appeal be refused. 2. The appellant to pay the first respondent's costs fixed in the sum of $1,200.00. 3. The Refugee Review Tribunal be joined as a second respondent in these proceedings. 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 762 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBDK

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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 a Federal Magistrate of 6 April 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 18 July 2001. The Federal Magistrate dismissed the application, amongst other reasons, on the basis that the application of the applicant was an abuse of process. That conclusion was reached in circumstances where the applicant had already challenged, unsuccessfully, the decision of the Tribunal in proceedings in the Federal Magistrates Court: see SZBDK v Minister for Immigration [2005] FMCA 227. An appeal by the applicant against that judgment to the Federal Court of Australia was dismissed on 16 May 2005: see SZBDK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 639. An application by the applicant for special leave to appeal the judgment of the Federal Court was dismissed by the High Court on 6 October 2005 (see [2005] HCATrans 812). 2 The applicant has not said anything which would indicate that the Federal Magistrate erred in reaching the conclusion he did. There are no real prospects that any appeal would succeed. Accordingly, I order that the application for leave to appeal be dismissed and that the applicant pay the Minister'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.