SZJIK v Minister for Immigration and Citizenship [2007] FCA 738

FEDERAL COURT OF AUSTRALIA

SZJIK v Minister for Immigration and Citizenship [2007] FCA 738 SZJIK and SZJIL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 24 OF 2007

RYAN J

15 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 24 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJIK

First Applicant

SZJIL

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J DATE OF ORDER: 15 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as the second respondent. 2. The name of the first respondent be amended to Minister for Immigration and Citizenship. 3. The applicants' application be refused. 4. The applicants pay the first respondent's costs, to be taxed in default of agreement. 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 24 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJIK

First Applicant

SZJIL

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE: 15 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 There is before the Court a purported notice of appeal from orders of Smith FM which were pronounced on 19 December 2006 when dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The second applicant had also made an application for refugee status but her claim can be taken to rely entirely on the first applicant's claims.