SZJVD v Minister For Immigration and Citizenship [2007] FCA 1302

FEDERAL COURT OF AUSTRALIA

SZJVD v Minister For Immigration and Citizenship [2007] FCA 1302

SZJVD, SZJVE AND SZJVF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1074 OF 2007

MIDDLETON J

9 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1074 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVD

First Appellant

SZJVE

Second Appellant

SZJVF

Third Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE OF ORDER: 9 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first respondent be given leave to rely upon the notice of contention dated 6 August 2007. 2. The appeal be dismissed. 3. The first and second appellants pay the costs of the first respondent. 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 1074 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVD

First Appellant

SZJVE

Second Appellant

SZJVF

Third Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 9 AUGUST 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a federal magistrate delivered on 1 June 2007 dismissing an application for judicial review of a decision of the second respondent ('the Tribunal') dated 23 October 2006. The Tribunal had affirmed decisions of delegates of the first respondent refusing to grant protection visas to the appellants.