FEDERAL COURT OF AUSTRALIA
SZHVP v Minister for Immigration and Citizenship [2007] FCA 2007
SZHVP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1610 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 |
NSD 1610 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHVP 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 be dismissed.
2. The applicant pay the Minister’s costs fixed in the sum of $1000.
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 1610 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHVP 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 from a judgment of a Federal Magistrate of 26 July 2007 dismissing an application for judicial review on, inter alia, grounds that it was an abuse of process: SZHVP v Minister for Immigration & Anor [2007] FMCA 1272. The applicant sought to challenge in the Federal Magistrates Court a decision of the Tribunal handed down on 22 November 2005. That decision had been the subject of challenges in this Court, the Federal Magistrates Court and the High Court in proceedings determined between May 2006 and June 2007: SZHVP v Minister for Immigration & Anor [2006] FMCA 633; SZHVP v Minister for Immigration and Multicultural Affairs [2006] FCA 1360; SZHVP v MIMA & Anor [2007] HCATrans 290.
2 The applicant has not appeared this morning. It is not apparent to me that the Federal Magistrate erred in dismissing the application as an abuse of process and accordingly I propose to dismiss the application for leave to appeal. I do so on the basis that any appeal is doomed to fail. Accordingly, I order the application be dismissed and order that the applicant pay the first respondent’s costs. I fix those costs in the sum of $1000.
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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: 21 December 2007
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Counsel for the Applicant: |
The Applicant appeared in person |
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Solicitor for the Respondent: |
DLA Phillips Fox |
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Date of Hearing: |
13 December 2007 |
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Date of Judgment: |
13 December 2007 |
