SVRB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 123

FEDERAL COURT OF AUSTRALIA

SVRB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 123 SVRB & SVSB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL SAD 20 of 2006 MANSFIELD, RARES & BESANKO JJ 28 JULY 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY SAD 20 OF 2006

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

BETWEEN: SVRB

FIRST APPELLANT

SVSB

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: MANSFIELD, RARES & BESANKO JJ

DATE OF ORDER: 28 JULY 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of Lander J on 22 December 2005 be set aside. 3. The Refugee Review Tribunal be joined as Second Respondent. 4. The Refugee Review Tribunal decision number V04/17211 dated 31 January 2005 be quashed. 5. The matter be remitted to the Refugee Review Tribunal for further consideration according to law. 6. The first respondent pay the appellants' costs of the application for review. 7. The first respondent pay the appellants' 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

SOUTH AUSTRALIADISTRICT REGISTRY SAD 20 OF 2006

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

BETWEEN: SVRB

FIRST APPELLANT

SVSB

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL