Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJXU v Minister for Immigration and Citizenship [2008] FCA 1129
Migration Act 1958 (Cth) s 424A SZJJC v Minister for Immigration and Citizenship [2008] FCA 614 SZLMM v Minister for Immigration and Citizenship [2008] FCA 801 SZJXU and SZJXV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 692 of 2008
TRACEY J
6 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 692 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJXU
First Appellant
SZJXV
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 6 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants pay the first respondent's costs of the appeal fixed in the sum of $3,400. 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 692 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJXU
First Appellant
SZJXV
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE: 6 AUGUST 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate delivered on 30 April 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") handed down 5 December 2006: see SZJXU v Minister for Immigration and Citizenship [2008] FMCA 536. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. 2 The appellants are husband and wife who are citizens of India. They entered Australia on 26 April 2006 short term visitors' visas. On 2 June 2006 the appellants lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs as it was then known. A delegate of the first respondent refused the application for a protection visa on 1 July 2006. On 27 July 2006 the appellants applied to the Tribunal for a review of that decision.
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