Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKOP v Minister for Immigration and Citizenship [2007] FCA 1650
IMMIGRATION – application for leave to appeal from a decision of the Federal Magistrates Court to dismiss an application for judicial review for failure to raise an arguable case for relief – leave granted and appeal allowed instanter – matter remitted to the Federal Magistrates Court for hearing Migration Act 1958 (Cth), s 424A Federal Magistrates Court Rules, r 44.12
SZKOP v Minister for Immigration [2007] FMCA 1336 reversed SZKOP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1675 OF 2007
GYLES J
1 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1675 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKOP
Applicant/Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GYLES J
DATE OF ORDER: 1 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave to appeal be granted. 2. The rules of Court as to the institution and preparation of the appeal be waived. 3. The appeal be heard instanter. 4. The evidence and arguments on the leave application be evidence and arguments on the appeal. 5. The appeal be allowed. 6. The costs of the application for leave and the appeal be the applicant/appellant's costs in the hearing in the Federal Magistrates Court proceedings. 7. The orders of the Federal Magistrates Court of 31 July 2007 be set aside. 8. The matter be remitted to the Federal Magistrates Court for hearing.
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 1675 OF 2007
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