SZBYR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1761

FEDERAL COURT OF AUSTRALIA

SZBYR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1761 SZBYR AND SZBYS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1517 OF 2005 MADGWICK J 22 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1517 OF 2005

BETWEEN: SZBYR

FIRST APPELLANT

SZBYS

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 22 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal will be dismissed with costs, assessed in the sum of $3,500.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1517 OF 2005

BETWEEN: SZBYR

FIRST APPELLANT

SZBYS

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE: 22 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT HIS HONOUR: 1 This is an appeal from a judgment of the Federal Magistrates Court given by Federal Magistrate Raphael on 5 August 2005. The appellants are husband and wife, and are citizens of India. They arrived in Australia on 2 October 2002 and sought protection visas, claiming refugee status. Their claims were rejected firstly by a delegate of the first respondent, and secondly by the Refugee Review Tribunal in a decision handed down on 6 November 2003. 2 The appellants sought judicial review from the Federal Magistrates Court. The grounds on which the judicial review was sought were that: 'the decision was affected by error of law and lack of procedural fairness'; that the decision was given in 'bad faith'; that the decision was so unreasonable that no reasonable person could reach it; and that the Tribunal did not make any enquiry or collect any independent opinion prior to deciding the case; and that the Tribunal denied the appellants natural justice.