Applicant S116 of 2003 v Minister for Immigration and Citizenship [2007] FCA 887

FEDERAL COURT OF AUSTRALIA

Applicant S116 of 2003 v Minister for Immigration and Citizenship [2007] FCA 887 APPLICANT S116 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 742 OF 2007

MOORE J

8 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 742 OF 2007

BETWEEN: APPLICANT S116 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J DATE OF ORDER: 8 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs fixed in the sum of $800. 3. No further application for review of the decision of the Refugee Review Tribunal handed down on 3 September 2002, reference N003/33369, or on 15 February 2007 RRT case number 061060993, or for review of the delegate of the first respondent dated 11 April 2000, or for review of any other administrative decision or action by any person concerning the visa application which was considered in that decision, shall be accepted for filing without prior leave of the Court. 4. Any proceeding instituted by the applicant relating to the above may not be continued with the leave of the Court. 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 742 OF 2007

BETWEEN: APPLICANT S116 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE: 8 JUNE 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against a judgment of a Federal Magistrate of 30 April 2007: see Applicant S116 of 2003 v Minister for Immigration [2007] FMCA 647. In that matter the Federal Magistrate dismissed an application for judicial review against a decision of the Refugee Review Tribunal of 14 February 2007. In that decision the Tribunal decided that it had no power to consider again an application for review of an earlier decision of a delegate of the Minister refusing the applicant a protection visa. It took that approach because it had earlier reviewed that decision. 2 The Federal Magistrate concluded that the Tribunal had not erred in reaching that conclusion. The Federal Magistrate was correct in so concluding. Accordingly, were there to be an appeal against the Federal Magistrate's judgment, it is doomed to fail. Accordingly leave is refused. I order that the application for leave to appeal is dismissed. I order that the applicant pay the respondent's costs. 3 I should add to the reasons I have just given that this application is made against a background of the applicant having litigated in this Court, the Federal Magistrates Court and the High Court on a number of occasions: see NABE of 2002 v Minister for Immigration [2002] FCA 1410; NABE v Minister for Immigration [2003] FCA 155; Applicant S116 of 2003 v Minister for Immigration [2006] FMCA 119; Applicant S116 of 2003 v Minister for Immigration [2006] FCA 618; Applicant S116 of 2003 v Minister for Immigration [2006] HCATrans 698. I fix the costs in the sum of $800. I order that no further application be filed by the applicant in this Court concerning the refusal to grant him a protection visa without the leave of the Court. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.