SZDDS v Minister for Immigration and Multicultural Affairs [2006] FCA 1428

FEDERAL COURT OF AUSTRALIA

SZDDS v Minister for Immigration and Multicultural Affairs [2006] FCA 1428

Migration Act 1958 (Cth) s 424A SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 SZDDS v MINISTER FOR IMMIGRATION MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD963 OF 2006

JESSUP J

3 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD963 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDDS

Appellant

AND: MINISTER FOR IMMIGRATION MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: JESSUP J

DATE OF ORDER: 3 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court on 27 April 2006 be set aside, and in place thereof it be ordered that: a. a writ of certiorari issue directed to the Refugee Review Tribunal removing its decision made on 27 February 2004 into this court to be quashed; b. a writ of mandamus issue directed to the Refugee Review Tribunal requiring it to review according to law the decision made by a delegate of the first respondent on 28 May 2001 to refuse to grant a protection visa to the appellant. c. the first respondent pay the appellant's costs of the proceeding in that court.

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 NSD963 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDDS

Appellant

AND: MINISTER FOR IMMIGRATION MULTICULTURAL AND INDIGENOUS AFFAIRS