Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1420
MIGRATION – no point of principle
Migration Act 1958 (Cth) SZASB AND SZASC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1233 OF 2004 MOORE J 3 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1233 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZASB AND SZASC
APPELLANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 3 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellants pay the respondent's 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 NSD 1233 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZASB AND SZASC
APPELLANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 3 NOVEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 6 August 2004 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant the appellants protection visas under the Migration Act 1958 (Cth). 2 The appellants are husband and wife and both are citizens of Bangladesh. The appellants arrived in Australia on 15 October 2000 and lodged an application for protection visas with the Department of Immigration and Multicultural and Indigenous Affairs on 27 November 2000. On 5 February 2001, a delegate of the Minister refused the grant the appellants protection visas. The appellants sought review of that decision. On 1 May 2003 the Tribunal affirmed the decision of the delegate of the Minister not to grant the appellants protection visas. The appellants sought judicial review of that decision in the Federal Magistrates Court. On 6 August 2004 a Federal Magistrate dismissed the appellants' application for judicial review.
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