SZLRR v Minister for Immigration and Citizenship [2008] FCA 820

FEDERAL COURT OF AUSTRALIA

SZLRR v Minister for Immigration and Citizenship [2008] FCA 820 SZLRR and SZLRS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 418 of 2008

COWDROY J

4 JUNE 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 418 of 2008

BETWEEN: SZLRR

First Applicant

SZLRS

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 4 JUNE 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The Applicants pay the cost of the First Respondent in the amount of $975 pursuant to O 62 r 4(2)(c) of the Federal Court Rules (Cth). 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 418 of 2008

BETWEEN: SZLRR

First Applicant

SZLRS

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 4 JUNE 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 By application filed in this Court on 27 March 2008 the applicants seek leave to appeal from the interlocutory decision of Federal Magistrate Smith delivered on 26 February 2008. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 8 November 2007. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') not to grant the applicants Protection (Class XA) visas ('the protection visas').