Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZELD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1246
MIGRATION – appeal from a decision of the Federal Magistrates Court – failure to consider claim of bias in Refugee Review Tribunal – proceeding remitted for determination of that claim SZELD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 663 reversed in part Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425,(2001) 75 ALJR 982 cited SZELD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1002 OF 2005 GYLES J 22 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1002 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZELD
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 22 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be upheld.
2. The order of the Federal Magistrates Court of Australia be set aside.
3. The proceeding be remitted to the Federal Magistrates Court of Australia for determination according to these reasons.
4. The respondent pay the costs of the appellant of this appeal.
5. The costs of the original proceedings before the Federal Magistrates Court of Australia await the result of the remitted hearing and be dealt with by that Court.
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 1002 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZELD
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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