Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBGO v Minister for Immigration and Citizenship [2007] FCA 1758
NBGO AND SZLFN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2023 OF 2007
COLLIER J
16 NOVEMBER 2007
BRISBANE (HEARD IN GRIFFITH) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD2023 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NBGO
First Applicant
SZLFN
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 16 NOVEMBER 2007
WHERE MADE: BRISBANE (HEARD IN GRIFFITH)
THE COURT ORDERS THAT:
1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD2023 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NBGO
First Applicant
SZLFN
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 16 NOVEMBER 2007
PLACE: BRISBANE (HEARD IN GRIFFITH)
REASONS FOR JUDGMENT 1 The applicants in the matter before me are mother and son, citizens of India who arrived in Australia in August 2003 and applied for protection visas. Before the Tribunal in 2004 only the mother, NBGO, advanced claims to be a person to whom Australia had protection obligations. Her son, SZLFN, sought a visa on the basis of being a member of her family unit. It is not in contention that SZLFN's application for a visa can only be successful if NBGO is successful. 2 The applicants have filed an application for leave to appeal from the judgment of Raphael FM given on 17 September 2007. In that case his Honour had granted an application by the first respondent for an order to summarily dismiss an application filed on 22 August 2007 by the applicants in the matter before me.
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