SZHWI v Minister for Immigration and Multicultural Affairs [2007] FCA 900

FEDERAL COURT OF AUSTRALIA

SZHWI v Minister for Immigration and Multicultural Affairs [2007] FCA 900 SZHWI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 31 OF 2007

ALLSOP J

15 JUNE 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 31 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHWI

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: ALLSOP J DATE OF ORDER: 15 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders of the Federal Magistrates Court made on 21 December 2006 be set aside, and in lieu thereof it be ordered: (a) that there be an order in the nature of certiorari to quash the decision of the second respondent made on 9 November 2005 and handed down on 29 November 2005; (b) that there be an order in the nature of mandamus requiring the second respondent to review according to law the decision of the delegate of the first respondent to refuse the protection visa sought by the applicant; and (c) that the first respondent pay the costs of the applicant before the Federal Magistrates Court. 3. 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 31 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHWI

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL