SZDKM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 164

FEDERAL COURT OF AUSTRALIA

SZDKM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 164 Migration Act 1958 (Cth) SZDKM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1600 OF 2004 AND SZDKN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1602 OF 2004 TAMBERLIN J SYDNEY 28 FEBRUARY 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1600 OF 2004

AND

NSD 1602 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: NSD 1600 OF 2004

SZDKM

APPELLANT

NSD 1602 OF 2004

SZDKN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 28 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the costs of the respondent. 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 1600 OF 2004

AND

NSD 1602 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: NSD 1600 OF 2004

SZDKM

APPELLANT

NSD 1602 OF 2004

SZDKN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 28 FEBRUARY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Smith dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") in relation to a husband and wife who are citizens of the Peoples Republic of China. 2 The appellants arrived in Australia on 22 June 2003 and thereafter lodged separate applications for protection visas with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 (Cth) ("the Act"). On 26 September 2003, a delegate of the Minister refused to grant the protection visas.