Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBCA v Minister for Immigration & Citizenship [2007] FCA 2004
SZBCA v MINISTER FOR IMMIGRATION FOR CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1432 OF 2007
MOORE J
13 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1432 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBCA
Applicant
AND: MINISTER FOR IMMIGRATION FOR 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 $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 NSD1432 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBCA
Applicant
AND: MINISTER FOR IMMIGRATION FOR 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 4 July 2007. The judgment concerned an application for judicial review seeking to challenge a decision of a delegate of the Minister and also the Refugee Review Tribunal, concerning an application by the applicant for a protection visa. The judgment of the Federal Magistrate, given on 4 July 2007, was given against a background in which the applicant had sought to challenge both in this Court (SZBCA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 334 and SZBCA v Minister for Immigration and Multicultural Affairs [2006] FCA 857) and the Federal Magistrates Court (SZBCA v Minister for Immigration [2004] FMCA 998 and SZBCA v Minister for Immigration and Anor [2006] FMCA 246) together with the High Court (SZBCA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 627 and SZBCA v Minister for Immigration and Multicultural Affairs [2007] HCATrans 030), the underlying decision to refuse to grant him a protection visa and attendant decisions of the Tribunal. 2 The Minister no longer presses that the application to the Federal Magistrates Court was out of time insofar as it related to the Tribunal and otherwise seeks to support the orders made by the Federal Magistrate. It is not apparent to me that the Federal Magistrate erred in making those orders. 3 There was no appearance by the applicant. It is not apparent to me that there is any prospect of any appeal succeeding and accordingly I propose to dismiss the application for leave to appeal, with costs. I fix those costs 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.
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