SZKHD v Minister for Immigration and Citizenship [2008] FCA 112

FEDERAL COURT OF AUSTRALIA

SZKHD v Minister for Immigration and Citizenship [2008] FCA 112

SZKHD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1868 OF 2007

COLLIER J

19 FEBRUARY 2008

BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1868 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKHD

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 19 FEBRUARY 2008

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The decision of the Tribunal dated 14 December 2006 be quashed. 3. The matter be remitted to the Tribunal to be determined according to law. 4. The first respondent to bear the costs of the appellant, if any, to be taxed if not otherwise agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1868 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKHD

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 19 FEBRUARY 2008

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Driver FM dated 24 August 2007, dismissing an application seeking judicial review of a decision of the second respondent ("the Tribunal"). The Tribunal had affirmed a decision of the delegate of the first respondent to refuse to grant a protection visa to the appellant. 2 The appellant seeks the following orders: 1. The appeal be allowed. 2. The decision of the Tribunal dated 14 December 2006 be quashed. 3. The matter be remitted to the Tribunal to be determined according to law. 4. Costs.