FEDERAL COURT OF AUSTRALIA
SZBQV v Minister for Immigration and Citizenship [2007] FCA 455
SZBQV, SZBRC, SZBRD AND SZBRE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2551 OF 2006
MOORE J
27 MARCH 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2551 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZBQV First Applicant
SZBRC Second Applicant
SZBRD Third Applicant
SZBRE Fourth Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MOORE J |
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DATE OF ORDER: |
27 MARCH 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. Leave be refused, if leave be necessary.
2. The appeal otherwise be dismissed.
3. The first applicant pay the first respondent's costs fixed in the sum of $1000.
4. The name of the first respondent be amended to "Minister for Immigration and Citizenship".
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 2551 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZBQV First Applicant
SZBRC Second Applicant
SZBRD Third Applicant
SZBRE Fourth Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MOORE J |
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DATE: |
27 MARCH 2007 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is what purports to be an appeal against a judgment of a Federal Magistrate of 13 December 2006 (SZBQV v Minister for Immigration [2006] FMCA 1894) dismissing an application seeking judicial review of a decision of the delegate of the Minister of 7 November 2002 refusing the applicant a protection visa. The Federal Magistrate was correct in concluding that she had no jurisdiction to entertain the application. I note that the application to the Federal Magistrates Court was made against a background of considerable litigation in the Federal Magistrates Court (SZBQV v Minister for Immigration [2004] FMCA 366 and SZBQV v Minister for Immigration [2006] FMCA 157), this Court (SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499 and SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1242) and the High Court (SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 485 and SZBQV v Minister for Immigration and Multicultural Affairs [2006] HCATrans 638), concerning a decision of the Refugee Review Tribunal of 12 September 2003 affirming the delegate’s decision.
2 The applicant has sought that the matter be adjourned today. There is, in my view, no prospects of the appeal succeeding in those circumstances. I do not propose to adjourn the proceedings. The better view is probably these proceedings should have been constituted by an application for leave to appeal. If leave be necessary I refuse leave and otherwise, dismiss the appeal and order the first appellant to pay the Minister’s costs.
3 I fix those costs in the sum of $1000 and order the name of the respondent to read, “The Minister for Immigration and Citizenship”.
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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: 2 April 2007
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The Applicant appeared in person |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
27 March 2007 |
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Date of Judgment: |
27 March 2007 |
