SZSWV v Minister for Immigration and Border Protection [2014] FCA 513

FEDERAL COURT OF AUSTRALIA

SZSWV v Minister for Immigration and Border Protection [2014] FCA 513 Citation: SZSWV v Minister for Immigration and Border Protection [2014] FCA 513

Appeal from: SZSWV v Minister for Immigration and Border Protection [2013] FCCA 2146

Parties: SZSWV, SZSWW and SZSWX v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 3 of 2014

Judge: FOSTER J

Date of judgment: 19 May 2014

Legislation: Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb) Federal Court Rules 2011, r 40.02(b)

Date of hearing: 19 May 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 15

Solicitor for the Appellants: The Appellants did not appear

Solicitor for the First Respondent: Mr R Baird of Clayton Utz

Solicitor for the Second Respondent: The Second Respondent submitted save as to costs

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 3 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: SZSWV

First Appellant

SZSWW

Second Appellant

SZSWX

Third Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FOSTER J DATE OF ORDER: 19 MAY 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the first respondent to file in Court the affidavit of Lewis Josef Robert d'Avigdor affirmed on 19 May 2014. 2. The appeal be dismissed. 3. Pursuant to r 40.02(b) of the Federal Court Rules 2011, the first and second appellants pay the first respondent's costs of and incidental to the appeal assessed as a lump sum at $4,000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.