SDAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 127

FEDERAL COURT OF AUSTRALIA

SDAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 127 MIGRATION – protection visa – Federal Magistrates Court dismissed application to set aside decision of Refugee Review Tribunal – appeal – orders sought by consent – need for Tribunal to be told nature of agreed defects in its reasons APPEAL – allowed by consent – proper form of order – exercise of constitutional writs jurisdiction SDAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 219 of 2002 GRAY, COOPER AND SELWAY JJ 14 MAY 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 219 of 2002

ON APPEAL FROM A JUDGMENT OF THE FEDERAL MAGISTRATES COURT

BETWEEN: SDAF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: GRAY, COOPER AND SELWAY JJ

DATE OF ORDER: 14 MAY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The judgment and orders of Federal Magistrate Raphael, given on 30 August 2002, be set aside. 3. There be substituted for the orders made on 30 August 2002 orders that: (a) A writ of certiorari issue, directed to the Refugee Review Tribunal, removing the decision made on 26 February 2002, into this Court, for the purpose of quashing it. (b) The decision be quashed. (c) A writ of mandamus issue, directed to the Refugee Review Tribunal, requiring it, constituted by a member other than the member who made the decision, to hear and determine the matter the subject of the decision, according to law.

(d) There be no order as to the costs of the application. 4. There be no order as to the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.