SZHGO v Minister for Immigration and Multicultural Affairs [2006] FCA 478

FEDERAL COURT OF AUSTRALIA

SZHGO v Minister for Immigration and Multicultural Affairs [2006] FCA 478 IMMIGRATION – no point of principle SZHGO, SZHGP AND SZHGQ V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 381 of 2006 MOORE J 2 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 381 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHGO

FIRST APPLICANT

SZHGP

SECOND APPLICANT

SZHGQ

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an adjournment be dismissed. 2. The application be dismissed. 3. The first applicant pay the first respondent's costs of the application. 4. The first respondent's costs be fixed in the sum of $846.00. 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 381 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHGO

FIRST APPLICANT

SZHGP

SECOND APPLICANT

SZHGQ

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 2 MAY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of a Federal Magistrate of 6 February 2006 in which an application for judicial review was summarily dismissed: see SZHGO & ORS V Minister for Immigration and Multicultural Affairs & Anor [2006] FMCA 185. The Federal Magistrate dismissed the application on several grounds, expressed as alternatives. The grounds were that: