Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMIA v Minister for Immigration and Citizenship [2008] FCA 1909
SZMIA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1500 of 2008
RARES J
28 NOVEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1500 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMIA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 28 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed with costs. 2. The orders made by the Federal Magistrates Court on 4 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 16 April 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 1500 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMIA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE: 28 NOVEMBER 2008
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