QAAX of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1329

FEDERAL COURT OF AUSTRALIA

QAAX of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1329

MIGRATION – protection visas - appeal from the decision of the Refugee Review Tribunal to affirm the decision to reject the application for protection visas – citizens of the Russian Federation – Jehovah's Witnesses – refusal of local officials to register Jehovah's Witness Church – raids by police of Jehovah's Witness Church meetings – whether the Tribunal properly considered the claim of the applicants – whether jurisdictional error shown Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 91R, 424 Convention Relating to the Status of Refugees (1951) Article 1A(2) Minister for Immigration and Multicultural Affairs v Kandasamy [2000] FCA 67 referred to QAAX OF 2003 and OTHERS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL No Q 202 of 2003 SPENDER J BRISBANE 14 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 202 OF 2003

BETWEEN: QAAX OF 2003 & ORS

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 14 OCTOBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. A writ of certiorari issue to quash the decision of the second respondent dated 4 November 2003. 2. A writ of mandamus issue to the Refugee Review Tribunal requiring the Tribunal to rehear and decide the applicants' application according to law. 3. The respondent pay the applicants' costs of and incidental to this application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.