FEDERAL COURT OF AUSTRALIA
SZAMP v Minister for Immigration and Multicultural Affairs [2006] FCA 1315
SZAMP AND SZAMQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1400 OF 2006
MOORE J
5 OCTOBER 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1400 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZAMP First Applicant
SZAMQ Second Applicant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MOORE J |
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DATE OF ORDER: |
5 OCTOBER 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The purported appeal be dismissed.
3. The applicants pay the first respondent’s costs fixed in the sum of $1,000.00.
4. The Refugee Review Tribunal be joined as second respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1400 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZAMP First Applicant
SZAMQ Second Applicant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MOORE J |
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DATE: |
5 OCTOBER 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This purports to be an appeal against the judgment of Federal Magistrate Emmett of 7 July 2006 dismissing an application filed in that court on 24 November 2005, finding that it was an abuse of process: see SZAMP & Anor v Minister for Immigration and Multicultural Affairs & Anor [2006] FMCA 881. The applicants sought to review a decision of a delegate of the Minister for Immigration and Multicultural Affairs that occurred against a background where the delegate’s decision had been reviewed by the Refugee Review Tribunal and the Tribunal’s decision had been challenged in multiple proceedings both in this Court, the Federal Magistrates Court and the High Court: see NADO of 2002 & Ors v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 797; NADO of 2002 & Ors v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 309; Applicant S506 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 450; BZAG of 2004 & Ors v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 302; BZAG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 392; and BZAG of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 922.
2 It is not apparent to me that the Federal Magistrate erred in reaching the conclusion that the application was an abuse of process. That decision is one in respect of which it is necessary to obtain leave to appeal. I refuse leave with costs and I fix those costs in the sum of $1,000.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 23 October 2006
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Applicant appeared in person. |
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Solicitor for the First Respondent: |
Clayton Utz |
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Date of Hearing: |
5 October 2006 |
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Date of Judgment: |
5 October 2006 |
