Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJRR v Minister for Immigration and Citizenship [2007] FCA 1825
SZJRR AND SZJRS v MINISTER FOR IMMIGRATION & CITIZENHSIP AND REFUGEE REVIEW TRIBUNAL NSD 749 OF 2007
RYAN J
22 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 749 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJRR
First Appellant
SZJRS
Second Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE OF ORDER: 22 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants pay the first respondent's costs to be taxed in default of agreement.
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 749 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJRR
First Appellant
SZJRS
Second Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE: 22 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from orders of Driver FM made on 19 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"); see SZJRR v the Minister for Immigration and Citizenship (2005) FCA 1195. 2 By way of background, the appellants are husband and wife and are nationals of India who arrived in Australia on 7 March 2006. Only the husband, the first appellant, made claims under the Convention, with his wife relying on membership of his family unit. For those reasons, the first appellant will, henceforth, be referred to as "the appellant." On 4 April 2006, the appellant applied for a protection visa which was subsequently refused by a delegate of the first respondent, ("the Minister") on 17 June 2006.
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