Minister for Immigration and Citizenship v SZKJT [2009] FCA 984

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZKJT [2009] FCA 984

MIGRATION – s 424 of Migration Act 1958 (Cth) – High Court's decision in Minister for Immigration and Citizenship v SZKTI [2009] HCA 30 handed down the day before the hearing – Federal Magistrates Court of Australia had relied on decision of Full Court of Federal Court of Australia which had been reversed by the High Court in that case – inevitable that appeal be allowed and decision of Federal Magistrates Court be set aside – matter remitted to Federal Magistrates Court for other grounds of application to that Court to be considered and determined. Migration Act 1958 (Cth) s 424 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30 applied SZLPO v Minister for Immigration and Citizenship (2009) 255 ALR 407 distinguished MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZKJT and REFUGEE REVIEW TRIBUNAL

NSD 1484 of 2008

LINDGREN J

31 August 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 1484 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

AND: SZKJT

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 31 AUGUST 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court of Australia on 28 August 2008 in proceeding SYG 947/2007 be set aside. 3. The matter be remitted to the Federal Magistrates Court of Australia to be determined in accordance with law. 4. The first respondent pay the appellant's costs of the appeal. 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