FEDERAL COURT OF AUSTRALIA

SZGGS v Minister for Immigration and Multicultural Affairs [2006] FCA 1753

SZGGS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL

NSD 2388 OF 2006

MOORE J

14 DECEMBER 2006

SYDNEY

THE COURT ORDERS THAT:

1.                  The application of 7 December 2006 be dismissed.

2.                  The applicant pay the first respondent's costs fixed in the sum of $300.

3.                  The registry of the Federal Court of Australia shall not accept for filing, without prior leave of the Court, any further application for review of:

(i)                  the decision of the delegate of the first respondent dated 21 July 1997; or

(ii)                the decision of the second respondent made on 13 July 1999; or

(iii)               the decision of the second respondent made on 5 October 2006; or

(iv)              any other decision relating to the applicant’s application for a protection visa lodged on 9 January 1997.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     This is an application for leave to appeal against a judgment of a Federal Magistrate of 20 November 2006 (SZGGS v Minister for Immigration [2006] FMCA 1775) dismissing an application filed in the Federal Magistrates Court on 25 October 2006.  Amongst the reasons the Federal Magistrate dismissed the application was that it was an abuse of process.  Before the Federal Magistrates Court, the applicant had sought to review a decision of the Refugee Review Tribunal of 5 October 2006.  The Tribunal had decided that it had no jurisdiction to deal with a purported application for review of a decision of 21 July 1997 of a delegate of the Minister for Immigration and Multicultural Affairs not to grant the applicant a protection visa.  This was, principally, because the Tribunal had already reviewed and affirmed the delegate's decision years earlier on 13 July 1999.  The correctness of the previous Tribunal’s decision has been litigated on a number of occasions. 

2                     In total, the applicant has made no less than ten applications to Federal Courts in respect of the previous Tribunal's decision and the delegate's decision.  For a comprehensive history of these applications and their fates see SZGGS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 352 line 180 – 285.  The applicant has also sought, unsuccessfully, the Minister's intervention under s 417 of the Act.

3                     On dismissing the application for review on 20 November 2006, Raphael FM also ordered that the Federal Magistrates Court Registry not accept for filing any further application for review of the decision of the delegate of the first respondent dated 21 July 1997 or the decision of the Refugee Review Tribunal made on 13 July 1999 or the decision of the Refugee Review Tribunal made on 5 October 2006 or any other decision relating to the applicant's application for a protection visa lodged on 9 January 1997 without prior leave of the Court.

4                     It is not apparent to me that the Federal Magistrate erred in dismissing the application on the grounds he did and in those circumstances I do not propose to grant leave.  I refuse the application and order that the applicant pay the first respondent’s costs.  In addition, I propose to make an order sought by the first respondent, namely, an order that the registry of the Federal Court of Australia shall not accept for filing, without prior leave of the Court, any further application for review of the decision of the delegate of the first respondent dated 21 July 1997 or the decision of the Refugee Review Tribunal, made on 13 July 1999 or the decision of the Refugee Review Tribunal made on 5 October 2006 or any other decision relating to the applicant’s application for a protection visa lodged on 9 January 1997.  I fix costs in the sum of $300.

Associate:

Dated:         20 December 2006

The Applicant appeared in person.