FEDERAL COURT OF AUSTRALIA
SZCEM v Minister for Immigration & Citizenship [2007] FCA 1999
SZCEM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD1606 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 |
NSD1606 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCEM Appellant
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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: |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The applicant pay the Minister's costs 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 |
NSD1606 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCEM Appellant
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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 the judgment of a Federal Magistrate of 30 July 2007 (SZCEM v Minister for Immigration & Anor [2007] FMCA 1233). The Federal Magistrate dismissed an application for judicial review of a decision of the Tribunal under rule 13 of the Federal Magistrates Court Rules 2001 (Cth). The Tribunal made its decision on 19 June 2007 (sent on 21 June 2007) and found that it had no jurisdiction to deal with an application for review of a decision of a delegate of the Minister. The Tribunal had previously considered the matter in a decision handed down on 18 November 2003 (N03/46077). That decision had been the subject of litigation in both this Court (SZCEM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 536) and the Federal Magistrates Court (SZCEM v Minister for Immigration & Anor [2006] FMCA102 and SZCEM v Minister for Immigration & Anor [2007] FMCA 1009) and the High Court (SZCEM v Minister for Immigration and Multicultural Affairs [2006] HCATrans 696).
2 It is not apparent to me that the Federal Magistrate erred in dismissing the application for judicial review in the judgment given on 30 July 2007 for the reasons given by the Federal Magistrate.
3 The application for leave to appeal ought to be refused because the appeal has no prospects of success. Accordingly, I order that the application for leave to appeal be 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 Appellant: |
The appellant 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 |
