FEDERAL COURT OF AUSTRALIA

SZFXY v Minister for Immigration and Citizenship [2007] FCA 885

SZFXY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 532 OF 2007

MOORE J

8 JUNE 2007

SYDNEY

THE COURT ORDERS THAT:

1.                  The application be dismissed.

2.                  The applicant pay the first respondent's costs fixed in the sum of $800.00.

3.                  The Refugee Review Tribunal be joined as a party.

4.                  No further application for review of the decision of the delegate of the first respondent dated 23 December 1999, or for review of any other administrative decision or action by any person concerning the visa application which was considered in that decision, shall be accepted for filing without prior leave of the Court.

5.                  Any proceeding instituted by the applicant relating to the above may not be continued without the leave of the Court.

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 9 March 2007: see SZFXY v Minister for Immigration & Anor [2007] FMCA 517.  His Honour dismissed an application for judicial review of a decision of the delegate of 23 December 1999 and of the Refugee Review Tribunal of 10 July 2002.  For the reasons given by the Federal Magistrate, his Honour was correct in dismissing the application.  Any appeal against his Honour’s judgment is, in my opinion, doomed to fail.  Accordingly I refuse leave to appeal. 

2                     I note that this application for leave to appeal is made against a background in which the applicant has litigated both in this Court, the Federal Magistrates Court and the High Court on several occasions on what are asserted to be legal issues attending the refusal to grant her a protection visa: see NAQY & NAQZ v Minister for Immigration [2002] FMCA 355, NAQZ of 2002; NAQY of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 898, NAQY of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 83, SZFXY, SZFYM & Anor v Minister for Immigration [2005] FMCA 818, SZFXY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1304,and SZFXY v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 391.  I order that the application be dismissed. 

3                     I lastly order that no further application be filed in this Court concerning the refusal to grant the applicant a protection visa without leave of the Court.

Associate:

Dated:         26 June 2007