Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Li v Minister for Immigration & Citizenship [2008] FCA 902
HUAI XIN LI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 299 of 2008
JESSUP J
17 JUNE 2008
MELBOURNE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 299 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: HUAI XIN LI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: JESSUP J
DATE OF ORDER: 17 JUNE 2008
WHERE MADE: MELBOURNE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court on 15 February 2008 be set aside, and in place thereof it be ordered that: (a) a writ of certiorari issue directed to the Migration Review Tribunal quashing its decision made on 19 June 2007; (b) a writ of mandamus issue directed to the Migration Review Tribunal requiring it to review according to law the decision made by a delegate of the first respondent on 4 April 2006 to refuse to grant a protection visa to the appellant. 3. The first respondent pay the appellant's costs of the appeal. 4. The parties have leave to make such application as they, or either of them, may be advised with respect to the costs of the application in the Federal Magistrates Court, any such application to be made within 14 days. 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 299 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: HUAI XIN LI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
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