Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBBV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 183
SZBBV, SZBBW, SZBBX & SZBBY v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1924 of 2004 LINDGREN J 2 MARCH 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1924 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZBBV
FIRST APPELLANT
SZBBW
SECOND APPELLANT
SZBBX
THIRD APPELLANT
SZBBY
FOURTH APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 2 MARCH 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The first and second appellants pay the respondent's costs.
3. That for the purposes of Order 2, instead of taxed costs, the respondent be entitled to the sum of $600.
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 1924 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZBBV
FIRST APPELLANT
SZBBW
SECOND APPELLANT
SZBBX
THIRD APPELLANT
SZBBY
FOURTH APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 2 MARCH 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By a notice of appeal filed on 21 December 2004 the appellants, an Indian man and woman and their two children, appeal from a judgment of the Federal Magistrates Court of Australia ('FMCA') given on 2 December 2004, dismissing their application to the FMCA for review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 16 June 2003 and handed down on 11 July 2003. 2 Pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth) ('the FCA Act') the Chief Justice determined it to be appropriate that the appellate jurisdiction of the Court in relation to the appeal be exercised by a single Judge.
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