Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZECF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1200
MIGRATION – SAAP v MIMIA (2005) 215 ALR 162; MIMA v Al Shamry (2001) 110 FCR 24; s 424A Migration Act 1958 (Cth) – circumstances in which prior statement may be information that is the reason or part of the reason for affirming the decision under review SZECF v minister for IMMIGRATION and multicultural and INDIGENOUS affairs NSD 1977 of 2004 ALLSOP J 5 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1977 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZECF
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 5 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Refugee Review Tribunal (the Tribunal) be joined as second respondent to this appeal. 2. The appeal be allowed. 3. The respondent pay the appellant's costs (if any). 4. The orders of the Federal Magistrates Court of Australia made on 14 December 2004 be set aside. 5. In lieu thereof it be ordered that: a. A writ of certiorari issue to quash the decision of the Tribunal made on 27 June 2004 b. The Tribunal reconsider the review brought by the appellant of the decision of the delegate of the Minister. 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 1977 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZECF
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
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