Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVFH v Minister for Immigration and Border Protection [2017] FCA 909 Appeal from: SZVFH & Anor v Minister for Immigration and Border Protection & Anor [2017] FCCA 640
File number: NSD 603 of 2017
Judge: NICHOLAS J
Date of judgment: 8 August 2017
Cases cited: Smith v New South Wales Bar Association (1992) 176 CLR 256 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123
Date of hearing: 7 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 27
Counsel for the Appellants: Mr A Silva
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The second respondent submitted save as to costs
ORDERS NSD 603 of 2017
BETWEEN: SZVFH First Appellant
SZVFI Second Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
JUDGE: NICHOLAS J DATE OF ORDER: 8 august 2017
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants pay the first respondent's costs as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
NICHOLAS J:
BACKGROUND 1 This is an appeal from a judgment of a Judge of the Federal Circuit Court of Australia dismissing with costs the appellants' application for judicial review of a decision by the second respondent ("the Tribunal") rejecting the appellants' application for a protection visa. 2 The first appellant is a citizen of Fiji who arrived in Australia on 22 July 2013 as a holder of a tourist visa. The second appellant, his wife, was included in the first appellant's application for a protection visa as a member of his family unit. For convenience I shall refer to the first appellant as "the appellant".
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