FEDERAL COURT OF AUSTRALIA
SZBBM v Minister for Immigration and Multicultural Affairs [2006] FCA 1754
SZBBM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1821 OF 2006
MOORE J
14 DECEMBER 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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new south wales DISTRICT REGISTRY |
NSD 1821 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZBBM 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: |
14 DECEMBER 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application of 20 September 2006 be dismissed.
2. The applicant pay the first respondent's costs fixed in the sum of $500.
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 1821 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZBBM 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: |
14 DECEMBER 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal against a judgment of a Federal Magistrate of 6 September 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal made on 23 June 2003 and handed down on 22 July 2003. The Tribunal affirmed a decision of the then Minister for Immigration and Multicultural and Indigenous Affairs not to grant the applicant a protection visa.
2 There has been earlier litigation in this Court, the Federal Magistrates Court and the High Court in relation to the same matter. A previous application for judicial review of the Tribunal decision to the Federal Magistrates Court was dismissed on 19 November 2004: see SZBBM v Minister for Immigration [2004] FMCA 872. An appeal from that decision to this Court was dismissed by Madgwick J on 26 May 2005: see SZBBM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 700. An application for special leave to appeal that Federal Court decision to the High Court was dismissed by Gummow J on 9 November 2005: see SZBBM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 909.
3 In the decision from which leave is sought to appeal, the Federal Magistrate dismissed the application on several grounds, including that it constituted an abuse of process: see SZBBM v Minister for Immigration [2006] FMCA 1361 at [18]. It is not apparent to me that the Federal Magistrate erred in doing so. Accordingly, I propose to dismiss the application for leave with costs. I fix those costs in the sum of $500.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 20 December 2006
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The Applicant appeared in person. |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
14 December 2006 |
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Date of Judgment: |
14 December 2006 |
