Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMQS v Minister for Immigration and Citizenship [2009] FCA 184
SZMQS and SZMQT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2026 of 2008
MCKERRACHER J
3 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2026 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMQS
First Appellant
SZMQT
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 3 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants are to pay the first respondent's costs fixed at $3,600.
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 2026 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMQS
First Appellant
SZMQT
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 3 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellants are husband and wife and citizens of China. They arrived in Australia on 17 February 2006. On 29 March 2006 they lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs (as the Department was then named). A delegate of the first respondent refused the application for a protection visa on 3 July 2006. On 2 August 2006 the appellants applied to the Refugee Review Tribunal (the Tribunal) for a review of that decision. The Tribunal, as first constituted, affirmed the decision of the delegate on 10 January 2007 and handed down its decision on 22 January 2007. 2 On 15 October 2007, the Federal Magistrates Court dismissed an application for review. However, on 21 April 2008 this Court ordered that the appeal be allowed, and the matter was remitted to the Tribunal. 3 The second Tribunal then also affirmed the decision of the delegate not to grant the appellants' protection visas in a decision handed down on 24 July 2008. They applied to the Federal Magistrates Court for review of that decision. 4 This is an appeal from a judgment of a Federal Magistrate delivered on 12 December 2008 (SZMQS & Anor v Minister for Immigration & Anor [2008] FMCA 1643), dismissing the application for judicial review of the decision of the second Tribunal.
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