SZFZQ v Minister for Immigration and Citizenship [2007] FCA 1774

FEDERAL COURT OF AUSTRALIA

SZFZQ v Minister for Immigration and Citizenship [2007] FCA 1774

SZFZQ AND SZFZR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1273 OF 2007

STONE J

8 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1273 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFZQ

First Appellant

SZFZR

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J DATE OF ORDER: 8 NOVEMBER 2007

WHERE MADE: SYDNEY

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

NEW SOUTH WALES DISTRICT REGISTRY NSD 1273 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFZQ

First Appellant

SZFZR

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J

DATE: 8 November 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrate in which his Honour dismissed the appellants' applications for judicial review of a decision of the Refugee Review Tribunal; [2007] FMCA 991. The Tribunal rejected the appellants' application for protection visas. This was the second decision by the Refugee Review Tribunal in relation to the appellants' applications. The first, given on 7 February 2005 was quashed by consent in the Federal Magistrates Court and the matter was remitted to a second Tribunal. It is this second decision which is the subject of the present appeal.