Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGSI v Minister for Immigration and Citizenship [2009] FCA 200
SZGSI and SZGSJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 0008 of 2009
MCKERRACHER J
5 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 0008 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGSI
First Appellant
SZGSJ
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 5 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants are to pay the costs of the first respondent fixed at $3,998. 3. The appellants will have nine months to pay the costs. 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 0008 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGSI
First Appellant
SZGSJ
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 5 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellants (wife and husband) are citizens of China. They arrived in Australia on 20 October 2004. They left Australia on 22 October 2004 and travelled to New Zealand, re-entering Australia on 25 October 2004. On 5 November 2004 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 22 November 2004. 2 On 21 December 2004 the appellants applied to the Refugee Review Tribunal (the Tribunal) for a review of that decision. The first Tribunal affirmed the delegate's decision on 18 May 2005. The appellants sought review of the Tribunal's decision by the Federal Magistrates Court. On 18 October 2006 the Court dismissed the application. The appellants appealed to the Full Federal Court and on 27 July 2007 the Court set aside the decision and remitted the matter to the Tribunal to be determined according to law. The second Tribunal also affirmed the decision of a delegate of the first respondent not to grant the appellants a protection visa. 3 This is an appeal from the judgment of a Federal Magistrate delivered on 17 December 2008 (SZGSI & Anor v Minister for Immigration & Anor [2008] FMCA 1649). His Honour dismissed an application for judicial review of the decision of the second Tribunal handed down on 20 March 2008.
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