Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKLO v Minister for Immigration and Citizenship [2008] FCA 735
MIGRATION – failure by Federal Magistrates Court to provide adequate reasons for decision – objective and purpose of providing reasons – content of adequate reasons – Appellants left with a real sense of grievance
Migration Act 1958 (Cth) ss 424A(1), 476
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 distinguished Connell v Auckland City Council [1977] 1 NZLR 630 followed Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407 followed Penhall-Jones v State of New South Wales [2006] FCA 934 followed SZBYR v Minister for Immigration & Citizenship [2007] HCA 26, 235 ALR 609 followed SZDCJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1500 followed SZIBR v Minister for Immigration & Citizenship [2008] FCA 50 followed SZKLO v Minister for Immigration & Citizenship [2008] FMCA 48 cited SZLBJ v Minister for Immigration & Citizenship [2008] FCA 609 followed VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 followed SZKLO AND SZKLP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 156 OF 2008
FLICK J
22 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 156 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZKLO
First Appellant
SZKLP
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 22 MAY 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE:
1. The appeal be allowed. 2. The orders of Howard FM in the Federal Magistrates Court of Australia on 17 January 2008 be set aside. 3. The proceedings be remitted to Howard FM for determination in accordance with law. 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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