SZBPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 875

FEDERAL COURT OF AUSTRALIA

SZBPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 875 SZBPB AND SZBPC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 543 OF 2005 STONE J 17 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 543 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBPB

FIRST APPELLANT

SZBPC

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 17 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent's costs in the amount of $2,000. 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 543 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBPB

FIRST APPELLANT

SZBPC

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 17 JUNE 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the judgment of a Federal Magistrate given on 22 March 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('Tribunal') made on 22 August 2003 and handed down on 18 September 2003. The Tribunal affirmed a decision of a delegate of the respondent made on 5 November 2002 to refuse the appellants protection visas. On 27 May 2005, Acting Chief Justice Wilcox determined, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), that the appeal should be heard and determined by a single judge.