Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S1836/2003 v Minister for Immigration and Citizenship [2008] FCA 1176
MIGRATION - whether the Refugee Review Tribunal is bound to review a decision of a delegate where the delegate's decision had been reviewed by the Tribunal. SZBWJ v Minister for Immigration and Citizenship [2008] FCA 1175 APPLICANT S1836/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 439 OF 2008
MOORE J
21 AUGUST 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 439 OF 2008
BETWEEN: APPLICANT S1836/2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MOORE J DATE OF ORDER: 21 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave to appeal is granted. 2. The appeal be dismissed with costs. 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 439 OF 2008
BETWEEN: APPLICANT S1836/2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MOORE J
DATE: 21 AUGUST 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of aFederal Magistrateof 20 March 2008: Applicant S1836/2003 v Minister for Immigration and Citizenship & Anor [2008] FMCA 321. The applicant had sought judicial review in the Federal Magistrates Court of a decision of the Refugee Review Tribunal of 21 May 2007. The Tribunal found that it had no jurisdiction to review a decision of the delegate of the Minister to refuse to grant a protection visa to the applicant as it had already discharged its function under the Act. These proceedings, like those in SZBWJ v Minister for Immigration and Citizenship [2008] FCA 1175, raise the issue of whether the Refugee Review Tribunal is bound to review a decision of a delegate in circumstances where the delegate's decision had been reviewed by the Tribunal in a manner that was not attended by jurisdictional error.
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