QAAT of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 18

FEDERAL COURT OF AUSTRALIA

QAAT of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 18 QAAT of 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS QUD 244 of 2005 DOWSETT, ALLSOP & EDMONDS JJ 24 FEBRUARY 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 244 of 2005

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: QAAT of 2004

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: DOWSETT, ALLSOP & EDMONDS JJ

DATE OF ORDER: 24 FEBRUARY 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be joined as the second respondent to the appeal;

2. The Minister for Immigration and Multicultural and Indigenous Affairs be hereinafter described as the first respondent;

3. The appeal be allowed;

4. The orders made on 15 July 2005 be set aside;

5. There be an order in the nature of certiorari, directed to the second respondent, quashing the decision of the Tribunal made on 29 September 2004 and handed down on 20 October 2004;

6. There be an order in the nature of mandamus, directed to the second respondent, it to review, according to law, the decision of the delegate of the Minister refusing the appellant's application for a protection visa; and

7. The first respondent pay the costs of the appellant at first instance and the costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 244 of 2005

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: QAAT of 2004