Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKOZ v Minister for Immigration and Citizenship [2007] FCA 1798
SZKOZ AND SZKPA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1535 OF 2007
RYAN J
20 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1535 OF 2007
BETWEEN: SZKOZ
First Applicant
SZKPA
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE OF ORDER: 20 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The applicants pay the first respondent's costs of the appeal. 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 1535 OF 2007
BETWEEN: SZKOZ
First Applicant
SZKPA
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE: 20 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 There is before the Court an application for leave to appeal filed in this Court on 6 August 2007, seeking leave to appeal from all of the orders made by Driver FM on 16 July 2007, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal); see SZKOZ v Minister for Immigration and Citizenship [2007] FMCA 1132. The application for leave to appeal has been filed with an affidavit sworn by the first applicant in support of the application to which a draft notice of appeal is attached. The first applicant ("the applicant wife"), is a national of Nepal, and the second applicant ("the applicant husband"), is a national of India. 2 The applicants arrived in Australia on 7 February 2004 and applied for protection visas on 4 March 2004. A delegate of the first respondent ("the Minister"), refused the application on 23 April 2004 and the applicants sought review by the Tribunal of that refusal. The Tribunal affirmed the delegate's decision on 13 February 2005 and that decision was then set aside by order of the Federal Magistrates Court on 27 September 2006. The Tribunal was reconstituted and reconsidered the application for review.
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