SZFIO v Minister for Immigration and Citizenship

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against a judgment of a Federal Magistrate of 2 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 19 February 2007: see SZFIO v Minister for Immigration & Anor [2007] FMCA 522. The Tribunal had determined that the application for review before it could not be made and that it had no jurisdiction to deal with it. The Federal Magistrate accepted that that decision was correct. In my opinion, the Federal Magistrate did not err in reaching that conclusion. Accordingly, were leave to appeal granted, there are no prospects of the appeal succeeding. I propose to dismiss the application and order that the applicant pay the first respondent's costs fixed in the sum of $700. 2 I also order that the Tribunal be joined as the second respondent and that the applicant not file any further proceedings in this Court concerning a refusal to grant him a protection visa without leave of the Court. I make that last order notwithstanding the fact that the applicant has not appeared, having regard to the fact that he has litigated in this Court twice before, in the Federal Magistrate on two earlier occasions and in the High Court, in what appears to be a pointless attempt to deal with the refusal by the delegate of the Minister to grant him a protection visa see: SZFIO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1449, SZFIO v Minister for Immigration and Multicultural Affairs [2006] FCA 663, SZFIO v Minister for Immigration & Anor [2005] FMCA 1391, SZFIO v Minister for Immigration & Anor [2006] FMCA 1319 and SZFIO v Minister for Immigration and Multicultural Affairs [2006] HCATrans 699. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Solicitor for the First Respondent: Australian Government Solicitor