SZBCE v Minister for Immigration and Citizenship [2007] FCA 454

FEDERAL COURT OF AUSTRALIA

SZBCE v Minister for Immigration and Citizenship [2007] FCA 454 SZBCE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 3 OF 2007

MOORE J

27 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 3 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBCE

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J DATE OF ORDER: 27 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave to appeal be refused if leave be necessary. 2. The appeal otherwise be dismissed. 3. The applicant pay the first respondent's costs fixed in the sum of $1000. 4. The name of the first respondent be amended to "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 3 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBCE

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE: 27 MARCH 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is what purports to be an appeal against a judgment of a Federal Magistrate, of 13 December 2006, dismissing as an abuse of process proceedings commenced in that Court on 3 October 2006 (SZBCE v Minister for Immigration [2006] FMCA 1897). Those proceedings sought to challenge a decision of the Refugee Review Tribunal of 13 September 2006 that it had no jurisdiction to hear an application for review of a decision of a delegate of the Minister of 12 April 2002 refusing the applicant a protection visa. The Tribunal's decision was made in circumstances where an earlier Tribunal, differently constituted, had affirmed the delegate's decision on 8 July 2003. 2 It is not apparent to me that the Federal Magistrate erred in dismissing the application for the reasons given. I note that that occurred against a background where the applicant has sought to litigate, in this Court, the Federal Magistrates Court and the High Court, the Tribunal's decision (SZBCE v Minister for Immigration [2004] FMCA 1017, SZBCE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 697 and SZBCE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 818)and in the Federal Magistrates Court and this Court, the delegate's decision(SZBCE v Minister for Immigration [2005] FMCA 1933, SZBCE v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 562). 3 The better view is, probably, that the applicant needs leave to appeal from the judgment of the Federal Magistrate of 13 December 2006. If leave be necessary I refuse leave and otherwise dismiss the appeal and order that the applicant pay the first respondent's costs. Additionally, I order that the name of the first respondent be amended to read, "The Minister for Immigration and Citizenship". I order the applicant pay the Minister's costs fixed in the sum of $1000. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.