REASONS FOR JUDGMENT
1 This is what purports to be an appeal against a judgment of a Federal Magistrate of 13 December 2006 (SZBQV v Minister for Immigration [2006] FMCA 1894) dismissing an application seeking judicial review of a decision of the delegate of the Minister of 7 November 2002 refusing the applicant a protection visa. The Federal Magistrate was correct in concluding that she had no jurisdiction to entertain the application. I note that the application to the Federal Magistrates Court was made against a background of considerable litigation in the Federal Magistrates Court (SZBQV v Minister for Immigration [2004] FMCA 366 and SZBQV v Minister for Immigration [2006] FMCA 157), this Court (SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499 and SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1242) and the High Court (SZBQV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCATrans 485 and SZBQV v Minister for Immigration and Multicultural Affairs [2006] HCATrans 638), concerning a decision of the Refugee Review Tribunal of 12 September 2003 affirming the delegate's decision.
2 The applicant has sought that the matter be adjourned today. There is, in my view, no prospects of the appeal succeeding in those circumstances. I do not propose to adjourn the proceedings. The better view is probably these proceedings should have been constituted by an application for leave to appeal. If leave be necessary I refuse leave and otherwise, dismiss the appeal and order the first appellant to pay the Minister's costs.
3 I fix those costs in the sum of $1000 and order the name of the respondent to read, "The Minister for Immigration and Citizenship".
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.