Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGLL v Minister for Immigration and Multicultural Affairs [2006] FCA 1507
MIGRATION LAW – acknowledged breach of s 424A – other reasons for Tribunal decision not independent – appeal allowed Migration Act 1958 (Cth), s424A SZGLL v Minister for Immigration & Multicultural & Indigenous Affairs & Anor [2006] FMCA 568 reversed MZXGR v Minister for Immigration and Multicultural Affairs [2006] FCA 1167 cited SZGLL AND SZGNG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1025 OF 2006
GYLES J
3 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1025 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLL AND SZGNG
Appellants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GYLES J
DATE OF ORDER: 3 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders of the Federal Magistrates Court be set aside and in lieu thereof it be ordered that the decision of the Tribunal be set aside and the matter remitted to the Tribunal for determination according to law. 3. The first respondent pay the costs of the appellants of the proceedings in the Federal Magistrates Court and of this 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 1025 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLL AND SZGNG
Appellants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
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