Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLLY v Minister for Immigration and Citizenship [2009] FCA 185
SZLLY and SZLLZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1298 of 2008
PERRAM J
4 MARCH 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1298 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLLY
First Appellant
SZLLZ
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE OF ORDER: 4 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court on 31 July 2008 be set aside and in lieu thereof: (a) order absolute in the first instance for a writ of certiorari to quash the decision made by the second respondent on 31 August 2007 in case number 071482843; (b) order absolute in the first instance for a writ of mandamus to compel the second respondent to determine the appellants' application in case number 071482843 according to 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1298 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLLY
First Appellant
SZLLZ
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE: 4 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of the Federal Magistrates Court given on 31 July 2008. That Court dismissed the appellants' applications for writs of certiorari, prohibition and mandamus directed to the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a prior decision of a delegate of the Minister for Immigration and Citizenship ("the Minister") to refuse to grant the appellants a protection visa (the kind of visa generally sought by those seeking refuge from another country). In my opinion, the appeal should be allowed and the decision of the Tribunal set aside.
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