SZBWA v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 762

FEDERAL COURT OF AUSTRALIA

SZBWA v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 762 SZBWA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR NSD 2501 OF 2005 RARES J 19 APRIL 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2501 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBWA

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: RARES J

DATE OF ORDER: 19 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The appeal be allowed. (2) Orders 2 and 3 made by the Federal Magistrates Court of Australia on 24 November 2005 be set aside and, in lieu thereof, the following orders be made: (a) order in the nature of an order absolute in the first instance for a writ of certiorari quashing the decision of the second respondent made on 12 September 2003 and handed down on 8 October 2003 to affirm the decision of the first respondent not to grant to the applicant a protection order; (b) order in the nature of a writ of mandamus directing the second respondent to hear and determine the application for review according to law; and (c) each party is to bear that party's own costs. (3) Each party is to bear that party's own costs. (4) The Refugee Review Tribunal be added as the second respondent to these proceedings. (5) I note the form of consent order initialled by me, dated today 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 2501 OF 2006