FEDERAL COURT OF AUSTRALIA
Applicant S105/2003 v Minister for Immigration and Citizenship [2007] FCA 1020
APPLICANT S105/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 906 OF 2007
MOORE J
4 JULY 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 906 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT S105/2003 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: |
4 JULY 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the Minister's costs.
3. Costs be fixed in the sum of $800.
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 906 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
APPLICANT S105/2003 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: |
4 JULY 2007 |
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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 3 May 2007: see Applicant S105 of 2003 v Minister for Immigration & Anor [2007] FMCA 789. The Federal Magistrate dismissed as incompetent and an abuse of process an application for judicial review of a decision of the Refugee Review Tribunal of 20 January 2007. In that decision the Tribunal concluded it had no jurisdiction to entertain what was a second application for review of a decision of a delegate of the Minister refusing the applicant a protection visa. That delegate’s decision had been given on 20 October 1999 and had been the subject of a decision by the Tribunal on 9 November 2001 (handed down on 5 February 2002).
2 It is not apparent to me that the Federal Magistrate erred in dismissing the application, for amongst other reasons, as an abuse of process. The most recent application before the Federal Magistrates Court was made against a background of extensive litigation in this Court, the Federal Magistrates Court and the High Court: see NADI v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 649, NADI of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1055, S105 of 2003 v Minister for Immigration & Anor [2006] FMCA 125, Applicant S105/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 639, Applicant S105/2003 v Minister for Immigration and Multicultural Affairs [2006] HCATrans 701. I dismiss the application for leave and order the applicant to pay the Minister’s costs. I fix those costs in the sum of $800.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 10 July 2007
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The applicant appeared in person |
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
4 July 2007 |
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Date of Judgment: |
4 July 2007 |
