SZJPO v Minister for Immigration and Citizenship [2008] FCA 167

FEDERAL COURT OF AUSTRALIA

SZJPO v Minister for Immigration and Citizenship [2008] FCA 167

SZJPO, SZJPP, SZJPQ AND SZJPR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2094 OF 2007

MCKERRACHER J

27 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2094 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJPO

First Appellant

SZJPP

Second Appellant

SZJPQ

Third Appellant

SZJPR

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MCKERRACHER J

DATE OF ORDER: 27 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The first to third appellants pay the costs of the first respondent to be agreed or taxed. 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 2094 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJPO

First Appellant

SZJPP

Second Appellant

SZJPQ

Third Appellant

SZJPR

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MCKERRACHER J

DATE: 27 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate (Nicholls FM) made on 16 October 2007 (SZJPO & Ors v Minister for Immigration & Anor [2007] FMCA 1801) dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 5 October 2006. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs (as he was then known) to refuse to grant protection visas to the appellants.