Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZELM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1747 SZELM and SZELN v Minister for Immigration & Multicultural & Indigenous Affairs and REFUGEE REVIEW TRIBUNAL NSD1435 of 2005 madgwick j 15 november 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1435 OF 2005
BETWEEN: SZELM
FIRST APPELLANT
SZELN
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 15 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed with costs assessed in the sum of $3,000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1435 OF 2005
BETWEEN: SZELM
FIRST APPELLANT
SZELN
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE: 15 NOVEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT MADGWICK J: 1 This is a case in which it is really impossible not to feel some sympathy for the position of the appellants. It is an appeal from a decision of the Federal Magistrates Court on 11 August 2005 by which the Magistrates Court dismissed the appellants' application for review of the decision of the Refugee Review Tribunal ('Tribunal') handed down on 21 February 2001. The Tribunal had affirmed the decision made by the respondent Minister's delegate to refuse to grant protection visas to the appellants. 2 The appellants appear not to be accepted as full citizens of any country. Their usual place of residence was Latvia and apparently they came to Australia on Latvian passports, which nevertheless indicated that such were passports given to people regarded as 'aliens' in Latvia. The appellant husband had served in the army of the former Soviet Union but apparently neither he, nor the appellant wife, are Russian citizens, and their right to reside in what is now Russia is at least clouded with doubt. They are, however, of an ethnicity common in, and have some connections with, Azerbaijan. They are not, however,
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