SZBPF v Minister for Immigration and Multicultural Affairs [2006] FCA 867

FEDERAL COURT OF AUSTRALIA

SZBPF v Minister for Immigration and Multicultural Affairs [2006] FCA 867 SZBPF v Minister for Immigration and Multicultural Affairs and refugee review tribunal NSD 891 of 2006 moore J 14 june 2006 sydney IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 891 OF 2006

BETWEEN: SZBPF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

REFUGEE REVIEW TRIBUNAL

Second 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 applicants to pay the Minister's costs in the amount of $1,100. 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 891 OF 2006

BETWEEN: SZBPF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 against a judgment of a Federal Magistrate of 24 April 2006 dismissing an application for judicial review, filed on 27 March 2006, challenging a decision of the Refugee Review Tribunal of 29 August 2003. The Federal Magistrate concluded that the application was an abuse of process and appeared also to have concluded that the application was incompetent because it was filed out of time. 2 The Federal Magistrate's conclusion that the application for judicial review was an abuse of process was made against the background where the applicant had previously applied to the Federal Magistrates Court for judicial review of the Tribunal's decision culminating in a decision of a Federal Magistrate of 25 July 2005 dismissing the application (see SZBPF v Minister for Immigration [2005] FMCA 1085). Additionally there had been an appeal against that judgment, heard and determined, unsuccessfully for the applicant, by this Court on 18 October 2005 (see SZBPF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1532). The applicant also applied unsuccessfully for special leave to the High Court. That application was dismissed on 9 March 2006 (SZBPF v MIMIA & Anor [2006] HCATrans 12). 3 It is not apparent that the Federal Magistrate erred in dismissing the application. Accordingly, the application for leave to appeal should be dismissed as there are no prospects of the applicant succeeding in any appeal. Additionally I order that the applicant pay the first respondent's costs fixed in the sum of $1100. Finally, the Refugee Review Tribunal should be joined as a respondent to the application. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.