NATF v Minister for Immigration and Multicultural Affairs [2006] FCA 956

FEDERAL COURT OF AUSTRALIA

NATF v Minister for Immigration and Multicultural Affairs [2006] FCA 956

NATF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 828 OF 2006

MOORE J

27 JULY 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 828 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NATF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE OF ORDER: 27 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs of the application fixed in the sum of $1000. 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 828 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NATF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE: 27 JULY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against the judgment of a Federal Magistrate of 7 April 2006: NATF v Minister for Immigration & Anor [2006] FMCA 518. The Federal Magistrate dismissed as incompetent and with costs the applicant's application for review of a decision of the Refugee Review Tribunal of 17 June 2003 for lack of jurisdiction. His Honour also made declarations that the application was frivolous, vexatious and an abuse of process, and that any further application by the applicant in respect of the Tribunal's decision would be outside the jurisdiction of that Court pursuant to the Migration Act 1958 (Cth). The Court also directed that "no further application by this applicant under the Migration Act 1958 (Cth) in respect of the decision of the Refugee Review Tribunal or the decision of the Minister's delegate that preceded it be accepted for filing in this Court, except by leave of the Court". 2 The orders of his Honour were made against a background of numerous proceedings, all of which were unsuccessful, conducted by the applicant in respect of the same Tribunal decision: see NATF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 195; NATF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 207; NATF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 221; CZAH v Minister for Immigration [2005] FMCA 1356; CZAH v Minister for Immigration and Multicultural Affairs [2006] FCA 86. 3 The applicant was notified by letter dated 7 July 2006 sent by a Registrar of this Court that the matter was listed for hearing at 2.30 this afternoon. A letter was also sent to the applicant by the solicitors acting for the respondent on 25 July 2006 which also referred to the time at which the matter was listed for hearing. 4 The matter has been called. There has been no appearance by the applicant. I propose to dismiss the application. Having regard to the reasons for decision of the Federal Magistrate no error attended the decision but it is sufficient for me to dismiss the matter on the basis that the applicant has failed to prosecute the appeal and I so order. The applicant is to pay the respondent's costs fixed in the sum of $1,000.