SZDGC v Minister for Immigration and Citizenship [2007] FCAFC 19

FEDERAL COURT OF AUSTRALIA

SZDGC v Minister for Immigration and Citizenship [2007] FCAFC 19 SZDGC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1511 OF 2006

ALLSOP, LANDER AND MIDDLETON JJ

13 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDGC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: ALLSOP, LANDER AND MIDDLETON JJ DATE OF ORDER: 13 FEBRUARY 2007

WHERE MADE: SYDNEY

BY CONSENT THE COURT ORDERS THAT:

(1) The first respondent be correctly named the "Minister for Immigration and Citizenship". (2) Leave be granted for the appellant to amend the notice of appeal to add ground 3 in the following terms: "3. The Federal Magistrate erred in failing to hold that the decision of the Refugee Review Tribunal was made after a breach of section 424A of the Migration Act and is invalid." (3) The appeal be allowed. (4) Orders 3 and 4 made by the Federal Magistrates Court on 24 July 2006 be set aside, and in lieu thereof, the Court orders that: (a) There be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal handed down on 11 March 2004. (b) There be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision of the delegate of the first respondent made on 14 May 2003. (c) There be no order as to costs. (5) The first respondent pay the appellant's costs of the appeal as agreed or assessed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 OF 2006