SZAQL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 759

FEDERAL COURT OF AUSTRALIA

SZAQL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 759 MIGRATION – appeal from Federal Magistrates Court – whether application for judicial review incompetent MIGRATION – appeal – no error disclosed SZAQL AND SZAQM v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 415 of 2005 BRANSON J 26 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 415 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAQL

FIRST APPELLANT

SZAQM

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 26 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The first appellant pay the respondent's costs fixed in the sum of $1500. 3. The second appellant pay the respondent's costs fixed in the sum of $1500.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 415 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAQL

FIRST APPELLANT

SZAQM

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE: 26 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

introduction 1 On 26 May 2005 I dismissed this appeal giving short ex tempore reasons for my decision. These are more detailed reasons for the judgment pronounced by me on that day. 2 By a notice of appeal filed on 18 March 2005 the appellants initiated an appeal from a judgment of the Federal Magistrates Court delivered on 23 February 2005. On that day Scarlett FM dismissed an application made by the appellants for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). The Tribunal had affirmed a decision of a delegate of the respondent to refuse to grant them protection visas.