SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572

FEDERAL COURT OF AUSTRALIA

SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572

SZGHS, SZGHT, SZGHU, SZGHV AND SZGHW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 544 OF 2007

ALLSOP J

15 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 544 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGHS

First Appellant

SZGHT

Second Appellant

SZGHU

Third Appellant

SZGHV

Fourth Appellant

SZGHW

Fifth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: ALLSOP J

DATE OF ORDER: 15 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders of the Federal Magistrates Court made on 13 March 2007 be set aside and in lieu thereof it be ordered that: (a) the decision of the second respondent made on 24 March 2005 and handed down on 19 April 2005 be set aside and the review by the second respondent of the decision of the delegate of the first respondent be remitted to the second respondent to be determined according to law; and (b) the first respondent pay the costs of the applicants of the application before the Federal Magistrates Court. 3. The first respondent pay the costs of the appellants 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 544 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGHS

First Appellant

SZGHT