SZBJI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 216

FEDERAL COURT OF AUSTRALIA

SZBJI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 216 SZBJI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 870 OF 2005 ALLSOP J 17 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 870 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL COURT MAGISTRATE

BETWEEN: SZBJI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 17 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal (the "Tribunal") be joined as a party to the appeal as the second respondent. 2. The appeal be allowed. 3. The orders made by the Federal Magistrates Court on 14 April 2005 be set aside, and in lieu thereof, the Court orders that: 1. The Tribunal be joined as a party to the application as second respondent. 2. The decision of the Tribunal made on 30 June 2003 and handed down on 29 July 2003 be quashed. 3. There be an order in the nature of mandamus requiring the Tribunal to review, according to law, the decision of the delegate of the Minister to refuse a protection visa sought by the applicant. 4. The first respondent (Minister) pay the costs of the applicant before the Federal Magistrates Court. 4. The first respondent (Minister) pay the appellant's 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 870 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL COURT MAGISTRATE