Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLOV v Minister for Immigration and Citizenship [2009] FCA 459
SZLOV and SZLOW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 122 of 2009
BESANKO J
8 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 122 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLOV
First Appellant
SZLOW
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE OF ORDER: 8 MAY 2009
WHERE MADE: SYDNEY
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 122 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLOV
First Appellant
SZLOW
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE: 8 MAY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from orders made by the Federal Magistrates Court on 27 January 2009. On that day, a federal magistrate ordered that the appellants' application for constitutional writs directed to the Minister for Immigration and Citizenship and the Refugee Review Tribunal ("the Tribunal") be dismissed and that the appellants pay the Minister's costs. 2 The appellants are citizens of India. On 11 May 2007, they arrived in Australia and, on 14 May 2007, they applied for Protection (Class XA) visas. On 1 June 2007, a delegate of the first respondent decided to refuse their applications and the appellants were notified of those decisions and their review rights. 3 The appellants made an application for review of the delegate's decisions to the Tribunal and, on 14 September 2007, the Tribunal affirmed the delegate's decisions not to grant protection visas to the appellants. On 30 January 2008, the appellants instituted proceedings in the Federal Magistrates Court, seeking constitutional writs with respect to the decisions made by the Tribunal on 14 September 2007. By consent, the Federal Magistrates Court set aside the decisions and remitted the matter to the Tribunal to be determined according to law. 4 The Tribunal reconsidered the matter and, on 12 August 2008, it advised the appellants that it had decided to affirm the decisions not to grant protection visas to the appellants. The appellants issued their application for constitutional writs in the Federal Magistrates Court on 29 August 2008. The grounds of their application were as follows: "1. The Tribunal failed to give any valid reason why it considered that the Applicants exaggerated their evidence and completely rejected the claims on the grounds that the Applicants are not credible witnesses.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate