SZBHO v Minister for Immigration and Multicultural Affairs [2006] FCA 1081

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGXY v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1081

MIGRATION – Refugee – claims to fear persecution based on Chinese ethnicity in Indonesia – Tribunal considered the applicant's claims to be based on "Christian Chinese ethnicity" – failure to properly consider the applicant's claim – jurisdictional error – application allowed.

Migration Act 1958, ss.425, 425(1), 425(2)(b), 426, 424A, 424A(3)(b)

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 SZEFM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 78 SZDXC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1306 SZCIA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 238

Applicant: SZGXY

First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent: refugee review Tribunal

File Number: SYG 2131 of 2005

Judgment of: Nicholls FM

Hearing date: 09 May 2006

Date of Last Submission: 04 May 2006

Delivered at: Sydney

Delivered on: 4 August 2006

REPRESENTATION Counsel for the Applicant: Mr. N. McNally

Solicitors for the Applicant: Parish Patience Immigration Lawyers

Counsel for the Respondent: Mr. T. Reilly

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS (1) A writ of certiorari issue, quashing the decision of the second respondent. (2) A writ of mandamus issue, requiring the second respondent to redetermine the matter according to law. (3) The first respondent pay the applicant's costs set in the amount of $5000. FEDERAL MAGISTRATES