Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMNV v Minister for Immigration & Citizenship [2009] FCA 172
Migration Act 1958 (Cth) ss 424A, 424C(2), 425 WAGP v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 151 FCR 413 Minister for Immigration and Ethnic Affiars v Guo (1997) 191 CLR 559
SZMNV and SZMNW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2008 of 2008
MARSHALL J
27 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2008 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMNV
First Appellant
SZMNW
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 27 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellants pay the first respondent's costs of the appeal. 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 2008 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMNV
First Appellant
SZMNW
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MARSHALL J
DATE: 27 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellants are husband and wife. They are citizens of India. They appeal from a judgment of a Federal Magistrate which dismissed their application for judicial review of a decision of the Refugee Review Tribunal. The Tribunal had affirmed a decision of a delegate of the first respondent Minister not to grant the appellants protection visas. 2 The appellant wife claimed to face a real chance of persecution, if returned to India in the reasonably foreseeable future, by reason of her membership of a particular social group of lesbians. The appellant husband's claims arose out of his marriage to a lesbian which would cause problems for him if returned to India.
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