SZDSC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 217

FEDERAL COURT OF AUSTRALIA

SZDSC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 217 SZDSC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 607 of 2005 ALLSOP J 17 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 607 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN: SZDSC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 to the appeal as the second respondent. 2. The appeal be allowed. 3. The orders made by the Federal Magistrate Court on 31 March 2005 be set aside and in lieu thereof it be ordered that: (a) The Tribunal be joined to the application as second respondent. (b) The decision of the Tribunal made on 7 April 2004 and handed down on 4 May 2004 be quashed. (c) There be an order in the nature of mandamus requiring the Tribunal to rehear the review of the decision of the delegate of the first respondent (Minister). (d) The first respondent pay the applicant's costs of the application. 4. The first respondent 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 607 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN: SZDSC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT