Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMFI v Minister for Immigration & Citizenship [2008] FCA 1894
SZMFI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1519 of 2008
RARES J
26 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT BETWEEN: SZMFI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 26 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed with costs. 2. The order made by the Federal Magistrates Court on 9 September 2008 be set aside, and, in lieu thereof, the following orders be granted: (1) an order in nature of an order absolute in the first instance for a writ of certiorari to quash the decision of the second respondent signed on 20 March 2008 to affirm the decision of the first respondent not to grant the applicant a protection visa; (2) an order in the nature of a writ of mandamus directing the second respondent to hear and determine the application for review according to law; and (3) the first respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT BETWEEN: SZMFI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE: 26 NOVEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This is an appeal from the decision of the Federal Magistrates Court refusing the appellant's claim for constitutional writ relief in respect of the decision of the Refugee Review Tribunal signed on 20 March 2008 affirming a decision of the delegate of the Minister not to grant her a protection visa: SZMFI v Minister for Immigration [2008] FMCA 1269. 2 The appellant is a citizen of the People's Republic of China and claimed to be of the Catholic faith. She arrived in Australia in early September 2007 and applied for a protection visa in mid-October 2007. The delegate refused to grant her a visa in early January 2008 and she applied to the tribunal for a review of that decision.
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