SZLVR v Minister for Immigration and Citizenship [2008] FCA 1083

FEDERAL COURT OF AUSTRALIA

SZLVR v Minister for Immigration and Citizenship [2008] FCA 1083

Federal Magistrates Court Rules 2001 Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) SZLVR and SZLVS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 500 of 2008

REEVES J

23 JULY 2008

DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 500 of 2008

BETWEEN: SZLVR

First Applicant

SZLVS

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE OF ORDER: 23 JULY 2008

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 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 500 of 2008

BETWEEN: SZLVR

First Applicant

SZLVS

Second Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE: 23 JULY 2008

PLACE: DARWIN

REASONS FOR JUDGMENT

INTRODUCTION 1 This is an application for leave to appeal a decision of Federal Magistrate Smith delivered on 26 March 2008. His Honour dismissed the applicants' application to review a decision of the Refugee Review Tribunal ("the Tribunal") which was delivered on 6 December 2007. His Honour's order was made following an application to show cause by the first respondent under Rule 44.12 of the Federal Magistrates Court Rules 2001 and, since such an order is an interlocutory order, leave to appeal is required under section 24(1A) of the Federal Court of Australia Act 1976 (Cth). 2 To be granted leave, the applicants must demonstrate that the Federal Magistrate's decision is attended by sufficient doubt to justify leave and, in addition, that the applicants would suffer substantial injustice if leave were not granted.