Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHIZ v Minister for Immigration and Citizenship [2007] FCA 1877
SZHIZ, SZHJA, SZHJB AND SZHJC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1834 OF 2007
EDMONDS J
30 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1834 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHIZ
First Appellant
SZHJA
Second Appellant
SZHJB
Third Appellant
SZHJC
Fourth Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 30 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The first appellant 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 1834 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHIZ
First Appellant
SZHJA
Second Appellant
SZHJB
Third Appellant
SZHJC
Fourth Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 30 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from the Federal Magistrates Court (Nicholls FM) (SZHIZ & Ors v Minister for Immigration and Citizenship [2007] FMCA 1382) dismissing an application for judicial review of a decision of the second respondent (the Tribunal) affirming a decision of a delegate of the first respondent (the Minister) to refuse to grant the appellants protection visas. 2 The appellants had sought review of an earlier decision of the Tribunal and on 4 February 2005 the Federal Magistrates Court ordered, by consent, that the decision be quashed and the matter be remitted to the Tribunal to be determined according to law. It was from the second Tribunal decision that the application for judicial review came before his Honour below.
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