SZKNT v Minister for Immigration and Citizenship [2008] FCA 950 - [NOT FOR EXTERNAL DISTRIBUTION]

FEDERAL COURT OF AUSTRALIA

SZKNT v Minister for Immigration and Citizenship [2008] FCA 950 SZKNT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2353 of 2007

GRAHAM J

28 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 2353 of 2007

BETWEEN: SZKNT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J DATE OF ORDER: 28 MAY 2008 WHERE MADE: SYDNEY

THE COURT: 1. Orders that the time for filing and service of a Notice of Appeal be extended up to and including 28 May 2008. 2. Orders that the draft Notice of Appeal, a copy of which is attached to these orders, be taken to have been filed in Court by the applicant as the requisite Notice of Appeal. 3. Orders that the appeal be allowed. 4. Orders that the orders of Federal Magistrate Lloyd-Jones of 25 October 2007 be set aside. 5. Orders that a writ of certiorari be issued to the Refugee Review Tribunal quashing the decision of the Refugee Review Tribunal of 12 March 2007 6. Orders that a writ in the nature of mandamus issue to the Refugee Review Tribunal requiring it to determine the application for review of the Minister's delegate's decision of 11 November 2006, lodged with the Tribunal on 8 December 2006, according to law. 7. Orders that the respondent Minister pay the costs, if any, of the applicant of the application filed 23 April 2007 in the Federal Magistrates Court of Australia. 8. Makes no order as to costs in respect of the application filed 25 February 2008 or the Notice of Appeal taken to have been filed today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.