Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 MIGRATION – appeal –relocation principle–whether Tribunal applied the correct test in finding that the applicant did not have a well-founded fear of persecution for a Convention reason – relocation – whether Tribunal considered the possibility of future persecution – ambit of the Tribunal's obligations to consider future persecution upon relocation Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 referred to Minister for Immigration and Multicultural and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 discussed Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied SZCBT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD1682 OF 2006
STONE J
12 JANUARY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1682 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCBT
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: STONE J
DATE OF ORDER: 12 JANUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Refugee Review Tribunal be added as the second respondent to this appeal. 2. The appeal be allowed. 3. The orders made by the Federal Magistrates Court on 28 August 2006 be set aside and in lieu thereof, the Court orders that: 3.1 there be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal made on 15 October 2003 and handed down on 11 November 2003. 3.2 there be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision of the delegate of the first respondent to refuse the protection visa sought by the appellant. 3.3 the first respondent pay the costs of the appellant before the Federal Magistrates Court. 4. The first respondent pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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