SZADC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1497

FEDERAL COURT OF AUSTRALIA

SZADC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1497 SZADC AND OTHERS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1191 OF 2003 STONE J 16 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1191 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZADC

APPELLANT

SZADD

SECOND APPELLANT

SZADE

THIRD APPELLANT

SZADF

FOURTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The first and second appellants pay the respondent's cost of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1191 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZADC

FIRST APPELLANT

SZADD

SECOND APPELLANT

SZADE

THIRD APPELLANT

SZADF

FOURTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 16 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of Driver FM, given on 8 August 2003, dismissing the appellants' application for judicial review of a decision of the Refugee Review Tribunal ('Tribunal'). The Tribunal's decision affirmed decisions of delegates of the respondent not to grant the appellants Protection (Class XA) visas under the Migration Act 1958 (Cth). On 22 September 2002, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth) the Chief Justice directed that this appeal be heard and determined by a single judge.