SZAEX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 242

FEDERAL COURT OF AUSTRALIA

SZAEX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 242 SZAEX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1505 OF 2003 TAMBERLIN J SYDNEY 12 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1505 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAEX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 12 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal is dismissed with costs. 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 N1505 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAEX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 12 MARCH 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 In this matter the appellants are a husband and wife. They are citizens of India who arrived in Australia on 4 November 2001. On 3 December 2001, they lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs. A delegate of the Minister refused this application, and an application was made to the Refugee Review Tribunal ("the Tribunal") for review of this decision. On 2 January 2003, the Tribunal refused that application and affirmed the decision not to grant protection visas to the appellants. The proceeding before me is an appeal from a decision of Federal Magistrate Raphael given on 16 September 2003, in which his Honour refused to grant an application for judicial review on the ground that a case had not been made out to demonstrate reviewable error in the decision of the Tribunal.