FEDERAL COURT OF AUSTRALIA
SZCLL v Minister for Immigration and Citizenship [2007] FCA 1998
SZCLL AND SZCLM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD1786 OF 2007
MOORE J
13 December 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD1786 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCLL First Applicant
SZCLM Second 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: |
13 DECEMBER 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The applicants pay the Minister's costs fixed in the sum of $850.
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 |
NSD1786 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCLL First Applicant
SZCLM Second 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: |
13 December 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 15 August 2007, dismissing as an abuse of process an application for judicial review (SZCLL v Minister for Immigration & Anor [2007] FMCA 1394). The application for judicial review concerned a decision of the Refugee Review Tribunal. The Tribunal's decision was handed down on 16 December 2003 and had been the subject of litigation both in the Federal Magistrates Court (SZCLL & Anor v Minister for Immigration & Anor [2005] FMCA 1474), this Court (SZDBP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 110) and the High Court (SZCLL v Minister for Immigration [2007] HCATrans 210).
2 It is not apparent to me that the Federal Magistrate erred in dismissing the application as an abuse of process, having regard to the history of the earlier litigation.
3 Accordingly the application for leave to appeal is dismissed, with costs. I fix those costs in the sum of $850.
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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: 21 December 2007
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Counsel for the Applicants: |
The applicants did not appear. |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
13 December 2007 |
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Date of Judgment: |
13 December 2007 |
