MZXKI v Minister for Immigration and Citizenship [2007] FCA 1575

FEDERAL COURT OF AUSTRALIA

MZXKI v Minister for Immigration and Citizenship [2007] FCA 1575

MZXKI AND MZXKJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 338 OF 2007

TRACEY J

13 NOVEMBER 2007

Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 338 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MZXKI

First Appellant

MZXKJ

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J DATE OF ORDER: 13 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 338 OF 2007

BETWEEN: MZXKI

First Appellant

MZXKJ

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: Tracey J

DATE: 13 NOVEMBER 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 This is an appeal against a judgment of a Federal Magistrate dated 5 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 2 May 2006: see [2007] FMCA 464. The Tribunal had affirmed a decision of a delegate of the first respondent ("the delegate") dated 22 July 2005 to refuse to grant the appellants protection (class XA) visas. 2 The appellants (who are married) are both citizens of Sri Lanka. They arrived in Australia on 10 April 2005. They entered on short stay tourist visas. On 9 May 2005, the appellants applied for protection visas, stating that they each feared persecution should they return to Sri Lanka as a result of their active role in providing support to the United National Party ("the UNP"). The delegate's decision record sent to the appellants on 22 July 2005 stated: "Given that the applicants did not apply for refugee status in Australia until the day before they were required to depart Australia as a condition of their subclass 676 Tourist (Short Stay) visa, I find that the applicants' delay in submitting a protection visa application raises serious concerns about the immediacy, gravity and credibility of their claims to fear persecution in Sri Lanka."