Applicant S227 of 2003 v Minister for Immigration and Citizenship [2007] FCA 1997

FEDERAL COURT OF AUSTRALIA

Applicant S227 of 2003 v Minister for Immigration and Citizenship [2007] FCA 1997

APPLICANT S227 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1787 OF 2007

MOORE J

13 December 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1787 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S227 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE OF ORDER: 13 December 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The applicant pay the Minister's costs fixed in the sum of $850. 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 1787 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S227 OF 2003

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE: 13 December 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of the Federal Magistrate of 17 August 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal handed down on 5 April 2007: Applicant S227/2003 v Minister for Immigration & Anor [2007] FMCA 1508. The Tribunal had determined that it had no jurisdiction to entertain a second application for review of a decision of a delegate of the Minister refusing to grant the applicant a protection visa. The first such application was the subject of a decision of the Tribunal handed down on 26 June 2000 affirming the delegate's decision. 2 The Federal Magistrate, in my opinion, did not err in concluding that the application for judicial review of the second Tribunal's decision ought be dismissed as an abuse of process and also as one having no reasonable prospects of success. Accordingly I refuse leave to appeal with costs. I fix those costs in the sum of $850. 3 I note that the Federal Magistrate's decision was made against the background where the applicant had litigated in this Court, the Federal Magistrates Court and the High Court the underlying decision of the delegate to refuse to grant the visa and the first Tribunal's decision: see [The applicant] v Minister for Immigration & Multicultural [2001] 205 Applicant S227/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 983, S227 of 2003 v Minister for Immigration & Anor [2007] FMCA 109. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.