SZIED v Minister for Immigration and Citizenship [2007] FCA 1347

FEDERAL COURT OF AUSTRALIA

SZIED v Minister for Immigration and Citizenship [2007] FCA 1347 MIGRATION – appeal from decision of Federal Magistrate dismissing application for review of decision of Refugee Review Tribunal – challenge to Tribunal's findings regarding relocation – whether Tribunal erred in failing to have regard to documents on internal protection produced by United Nations High Commissioner for Refugees – whether Tribunal erred in finding it was reasonable for the appellant to relocate within Colombia Foxtel Management Pty Ltd v Australian Competition and Consumer Commission (2000) 173 ALR 362 referred to Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 discussed Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied SZIED AND SZIEE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2121 OF 2006

MOORE J

30 August 20007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2121 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIED

First Appellant

SZIEE

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MOORE J

DATE OF ORDER: 30 august 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to "Minister for Immigration and Citizenship". 2. Leave be refused for the appellant to file an amended notice of appeal raising the first ground contained in the proposed further amended notice of appeal handed up in Court on 17 May 2007. 3. The appeal be allowed. 4. The orders made by the Federal Magistrates Court on 9 October 2006 be set aside and in lieu thereof, the Court orders that: (a) there be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal made on 5 December 2005 and handed down on 20 December 2005. (b) 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. (c) The first respondent pay the costs of the appellant before the Federal Magistrates Court. 5. Subject to order 6, the first respondent pay the appellant's costs of the appeal. 6. The appellant pay the first respondent's costs thrown away by the adjournment of the hearing on 5 March 20007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA