SZHUI v Minister for Immigration and Citizenship [2007] FCA 580

FEDERAL COURT OF AUSTRALIA

SZHUI v Minister for Immigration and Citizenship [2007] FCA 580 SZHUI, SZHUJ AND SZHUK v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2133 OF 2006

CONTI J

24 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2133 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHUI

First Appellant

SZHUJ

Second Appellant

SZHUK

Third 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 Refugee Review Tribunal be joined as a second respondent. 3. The first appellant be appointed the third appellant's tutor. 4. The appeal be dismissed. 5. The appellants pay the first respondent's costs of the appeal. 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 2133 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHUI

First Appellant

SZHUJ

Second Appellant

SZHUK

Third 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 a judgment of Federal Magistrate Driver delivered on 19 October 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 28 October 2005. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (as then designated) to refuse to grant protection (Class XA) visas to the appellants. 2 The matter was originally heard by the Tribunal ('the first Tribunal') on 11 June 2004, and on 20 July 2004 the Tribunal handed down its decision affirming the decision of the Minister's delegate to refuse the grant of protection visas. That decision was quashed by the Federal Magistrates Court on 25 February 2005, and the matter was remitted to the Tribunal to be determined according to law. On 7 June 2005 there was a hearing before a differently constituted Tribunal ('the second Tribunal'). On 22 November 2005 the second Tribunal handed down its decision affirming the decision not to grant protection visas to the appellants.