Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLRF v Minister for Immigration and Citizenship [2008] FCA 1682
Migration Act 1958 (Cth) Attorney-General of NSW v Quin (1990) 170 CLR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Ethnic Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration & Multicultural & Indigenous Affairs v Epeabaka (2001) 206 CLR 128 SZLRF, SZLRG and SZLRH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1163 of 2008
REEVES J
14 NOVEMBER 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1163 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLRF
First Appellant
SZLRG
Second Appellant
SZLRH
Third Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE OF ORDER: 14 NOVEMBER 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1163 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLRF
First Appellant
SZLRG
Second Appellant
SZLRH
Third Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE: 14 NOVEMBER 2008
PLACE: DARWIN
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal against the judgment of Federal Magistrate Smith delivered on 4 July 2008, which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). The Tribunal's decision was handed down on 30 October 2007 and affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the appellants. The first appellant submits that both the Tribunal and the Federal Magistrate failed to properly assess his evidence of his fear of harm in India and they also failed to properly consider the relocation issue.
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