SZCWF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 698

FEDERAL COURT OF AUSTRALIA

SZCWF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 698 SZCWF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR NSD 339 OF 2006 RARES J 23 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 339 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCWF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: RARES J

DATE OF ORDER: 23 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the Federal Magistrate's Court made on 31 January 2006 be set aside and in lieu thereof the following orders be made: (a) an order in the nature of an order absolute in the first instance for a writ of certiorari to quash the decision of the second respondent made on 20 January 2004 and handed down on 11 February 2004 to affirm the decision of the first respondent not to grant the applicant a protection visa; and (b) an order in the nature of a writ of mandamus requiring the second respondent to hear and determine the application for review according to law. 3. There be no order as to costs. 4. Makes those orders by consent. THE COURT NOTES: 1. The terms of the consent orders signed by the applicant and the solicitor for the first respondent dated 22 May 2006, a facsimile copy of which I have initialled today, dated and placed with the papers. 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 339 OF 2006