Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEES v Minister for Immigration & Multicultural Affairs [2006] FCA 1545
MIGRATION - whether Tribunal acted in breach of s 424A of the Migration Act 1958 (Cth) – relief akin to prerogative relief should be refused for discretionary reasons Migration Act 1958 (Cth) s 424A SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) ALR 162, considered. SZEES v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS & REFUGEE REVIEW TRIBUNAL NSD 546 OF 2006
SPENDER J
17 november 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 546 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEES
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SPENDER J
DATE OF ORDER: 17 november 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is allowed with costs. 2. The orders of Federal Magistrate Mowbray on 28 February 2006 are set aside, and, in their place, it is ordered: (i) There be an order in the nature of certiorari quashing the decision of the Refugee Review Tribunal made on 15 August 2000. (ii) There be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision made by the delegate of the minister on 19 February 1999 to refuse the protection visa sought by the appellant. (iii) The respondent pay the appellant's costs. 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 546 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEES
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate