SZKMX v Minister for Immigration and Citizenship [2008] FCA 856

FEDERAL COURT OF AUSTRALIA

SZKMX v Minister for Immigration and Citizenship [2008] FCA 856

Migration Act 1958 (Cth)

Abebe v Commonwealth of Australia(1999) 197 CLR 510; [1999] HCA 14 SZBYR v Minister for Immigration (2007) 235 ALR 609; [2007] HCA 26 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 NABE v Minister for Immigration and Multicultural Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 SZDTZ v Minister for Immigration & Citizenship [2007] FCA 1824 SZDFZ v Minister for Immigration and Citizenship (2008) 100 ALD 575;[2008] FCA 390 Stead v State Government Insurance Commission(1986) 161 CLR 141 SZKMX v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 409 of 2008

REEVES J

6 JUNE 2008

DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 409 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKMX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J DATE OF ORDER: 6 JUNE 2008

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders of Federal Magistrate Emmett in the Federal Magistrates Court of Australia on 12 March 2008 be set aside. 3. An order in the nature of a writ of certiorari quashing the decision of the Second Respondent. 4. An order in the nature of a writ of prohibition prohibiting the First Respondent from acting upon, or giving effect to, or proceeding further on the basis of the decision of the Second Respondent. 5. The matter be remitted to the Second Respondent to be determined according to law. 6. The First Respondent pay the Appellant's costs of the proceeding before Federal Magistrate Emmett and of this appeal.