Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMFJ v Minister for Immigration and Citizenship (No 2) [2009] FCA 95
MIGRATION – application for a protection visa – appeal from Federal Magistrates Court upholding decision of Refugee Review Tribunal – conscientious objection to military service – political opinion – whether Tribunal asked the wrong question. Held: appeal allowed Migration Act 1958 (Cth) Applicant VEAZ of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1033 Erduran v Minister for Immigration and Multicultural Affairs (2002) 122 FCR; [2002] FCA 814 Minister for Immigration and Multicultural and Indigenous Affairs v VFAI of 2002 [2002] FCAFC 374 Minister for Immigration and Multicultural and Indigenous Affairs v WALU [2006] FCA 657 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 SZMFJ v Minister for Immigration and Anor [2008] FMCA 1155 SZMFJ v Minister for Immigration and Citizenship [2008] FCA 1815 VCAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1005 VCAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 1
SZMFJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1369 of 2008
JAGOT J
16 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1369 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMFJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: JAGOT J
DATE OF ORDER: 16 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is allowed. 2. The orders made by the Federal Magistrates Court on 12 August 2008 are set aside. 3. The decision of the Refugee Review Tribunal made on 3 April 2008 is set aside. 4. The matter is remitted to the Refugee Review Tribunal for determination in accordance with law. 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
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