SZCCX v Minister for Immigration and Citizenship [2007] FCA 2002

FEDERAL COURT OF AUSTRALIA

SZCCX v Minister for Immigration and Citizenship [2007] FCA 2002

SZCCX AND SZCCY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1679 OF 2007

MOORE J

13 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1679 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCCX

First Applicant

SZCCY

Second 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 with costs. 2. The applicant pay the Minister's costs 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 NSD1679 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCCX

First Applicant

SZCCY

Second 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 against a judgment of a federal magistrate of 20 August 2007: SZCCX v Minister for Immigration & Anor [2007] FMCA 1655. The Federal Magistrate concluded that an application for judicial review, filed by the applicant, was frivolous, vexatious and an abuse of process and dismissed the matter under rule 13.10 of the Federal Magistrates Court Rules 2001. Nothing has been put by the applicant today to indicate that the Federal Magistrate erred in reaching that conclusion. It was a conclusion reached against a background where the applicant had earlier litigated in the Federal Magistrates Court, this Court and the High Court, the correctness of the decision to refuse a protection visa and the attendant decision of the Refugee Review Tribunal handed down on 18 November 2003: see SZCCX & Anor v Minister for Immigration & Anor [2006] FMCA 509; SZCCX v Minister for Immigration & Multicultural Affairs [2006] FCA 1006; SZCCX & Anor v MIMA & Anor [2007] HCATrans 213. 2 It is not apparent to me that the Federal Magistrate erred in dismissing the application for judicial review. Accordingly, any appeal is doomed to fail and it is appropriate that the application for leave to appeal be dismissed. I order that the application for leave to appeal be dismissed with costs. I fix those costs in the sum of $1000. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.