SZCLL v Minister for Immigration and Citizenship

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.

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.