Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLXL v Minister for Immigration [2008] FCA 1084
Migration Act 1958 (Cth) Federal Magistrates Court Rules 2001 Federal Court of Australia Act 1976 (Cth) SZLXL and SZLXM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 475 of 2008
REEVES J
23 JULY 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 475 of 2008
BETWEEN: SZLXL
First Applicant
SZLXM
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 appealbe 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 475 of 2008
BETWEEN: SZLXL
First Applicant
SZLXM
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 from a judgment of Federal MagistrateSmith delivered on 8 April 2008. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal's decision was delivered on 8 January 2008 and affirmed the decision of a delegate of the first respondent not to grant protection visas to the applicants. 2 Federal Magistrate Smith dismissed the applicants' application for review under Rule 44.12(1)(a) of the Federal Magistrates Court Rules 2001. This is an interlocutory order (as set out in that Rule) and as such leave to appeal is required under section 24(1A) of the Federal Court of Australia Act 1976 (Cth). To obtain leave, the applicants must demonstrate that the decision of the Federal Magistrate is attended by sufficient doubt to justify such leave and, in addition, that they, the applicants, would suffer substantial injustice if leave were not granted.
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