SZIOM v Minister for Immigration and Citizenship [2007] FCA 571

FEDERAL COURT OF AUSTRALIA

SZIOM v Minister for Immigration and Citizenship [2007] FCA 571 SZIOM AND SZION v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2080 OF 2006

CONTI J

24 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2080 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIOM

First Appellant

SZION

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 24 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to 'Minister for Immigration and Citizenship'. 2. The appeal be dismissed. 3. The appellants pay the first respondent's costs of the proceedings amounting to $2,500. 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 2080 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIOM

First Appellant

SZION

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J

DATE: 24 APRIL 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against the decision of Federal Magistrate Scarlett, handed down on 12 October 2006, which dismissed an application for judicial review of the decision of the Refugee Review Tribunal ('the Tribunal') made on 7 March 2006. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (as then designated), made on 27 October 2005, to refuse the grant of a protection visa to the appellant.