FEDERAL COURT OF AUSTRALIA

SZAKL v Minister for Immigration and Citizenship [2007] FCA 886

SZAKL v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 779 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.

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 16 April 2007 dismissing as an abuse of process an application for judicial review (see: SZAKL v Minister for Immigration [2007] FMCA 622).  The applicant sought judicial review of a decision of the Refugee Review Tribunal of 13 February 2007 in which the Tribunal indicated it did not have jurisdiction to entertain another application for review of a decision of the delegate of the Minister refusing the applicant a protection visa. 

2                     The conclusion of the Federal Magistrate appears to me to be correct and there are no prospects of the applicant succeeding in any appeal if leave were given.  Accordingly I dismiss the application for leave to appeal and order the applicant to pay the Minister’s costs.  I note that this application for leave to appeal is made against an extensive background of litigation both in this Court, the Federal Magistrates Court and the High Court (see: SZAKL v Minister for Immigration [2004] FMCA 170; SZAKL v Minister for Immigration [2004] FCA 1257; SZAKL v Minister for Immigration [2005] HCATrans 495; SZAKL v Minister for Immigration [2005] FMCA 1965; SZAKL v Minister for Immigration [2006] FCA 567; SZAKL v Minister for Immigration [2006] HCATrans 651).

Associate:

Dated:         26 June 2007