SZNDX v Minister for Immigration and Citizenship [2009] FCA 614

FEDERAL COURT OF AUSTRALIA

SZNDX v Minister for Immigration and Citizenship [2009] FCA 614

SZNDX and SZNDY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 299 of 2009

RARES J

18 MAY 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 299 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNDX

First Appellant

SZNDY

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE OF ORDER: 18 MAY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal is dismissed. 2. The applicants pay the first respondent's costs fixed in the sum of $1,564. 3. The time within which the applicants may pay the costs under order 2 be extended to 18 May 2010. 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 299 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNDX

First Appellant

SZNDY

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE: 18 MAY 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This is an application for leave to appeal from a decision of the Federal Magistrates Court that found there was no arguable case that the Refugee Review Tribunal had committed a jurisdictional error in making its decision to affirm the Minister's delegate's decisions not to grant the applicants protection visas. The tribunal's decision was signed on 23 December 2008: SZNDX v Minister for Immigration [2009] FMCA 162.