Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BRGAE of 2006 v Minister for Immigration and Citizenship [2009] FCA 306
MIGRATION – Migration Act 1958 (Cth) s 65 – Protection (Class XA) visa application – appeal from decision of Federal Magistrate – whether jurisdictional error in decision of Refugee Review Tribunal Held: appeal dismissed with costs Migration Act 1958 (Cth) ss 9S, 65, 424A(1)
BRGAE of 2006 & Anor v Minister for Immigration & Anor [ 2008] FMCA 182 affirmed BRGAE OF 2006 and BRGAF OF 2006 v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
QUD 51 of 2008
COLLIER J
1 APRIL 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 51 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRGAE OF 2006
First Appellant
BRGAF OF 2006
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 1 APRIL 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
The appeal be dismissed with 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
QUEENSLAND DISTRICT REGISTRY QUD 51 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRGAE OF 2006
First Appellant
BRGAF OF 2006
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 1 APRIL 2009
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Wilson FM in which his Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed an earlier decision of a delegate of the Minister to refuse to grant Protection (Class XA) visas to the appellants under s 65 Migration Act 1958 (Cth) ("the Act").
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