Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKBE v Minister for Immigration and Citizenship [2008] FCA 317
MIGRATION – jurisdictional error – Tribunal member failing to keep an open mind until the applicant had an opportunity to respond to a s 424A invitation Migration Act 1958 (Cth) s 424A SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 SZBLY v The Minister for Immigration and Citizenship [2007] FCA 765 SZKBE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2251 OF 2007
GRAHAM J
27 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2251 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKBE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 27 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT:
1. Orders that the Notice of Appeal filed 15 November 2007 be amended to identify the first respondent as 'Minister for Immigration and Citizenship'. 2. Orders that the Notice of Appeal be amended to identify the second respondent as 'Refugee Review Tribunal'. 3. Orders that the appeal be allowed. 4. Orders that the orders of the Federal Magistrate of 7 November 2007 be set aside. 5. Orders that the decision of the Refugee Review Tribunal made on 6 December 2006 and handed down on 3 January 2007 be quashed. 6. Orders that a writ of mandamus issue directed to the second respondent requiring the second respondent to determine according to law the application made on 5 September 2006 for review of the decision of the delegate of the first respondent to refuse to grant the appellant a protection visa. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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