Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOBN v Minister for Immigration and Citizenship [2010] FCA 1280
Citation: SZOBN v Minister for Immigration and Citizenship [2010] FCA 1280
Appeal from: SZOBN & Anor v Minister for Immigration & Anor [2010] FMCA 285
Parties: SZOBN and SZOBO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 440 of 2010
Judge: NORTH J
Date of judgment: 8 November 2010
Date of hearing: 8 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 34
Counsel for the Appellants: Appellant appeared in person
Counsel for the Respondents: Mr G Kennett
Solicitor for the Respondents: DLA Phillips Fox
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 440 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZOBN
First Appellant
SZOBO
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NORTH J
DATE OF ORDER: 8 NOVEMBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders made by the Federal Magistrates Court on 7 April 2010 be set aside.
3. In lieu of those orders, the following orders be made:
(a) a writ of certiorari issue, directed to the second respondent, removing into the Court its decision, made on 7 December 2009, affirming a decision of a delegate of the first respondent not to grant protection visas to the appellants, for the purpose of quashing that decision; (b) the decision of the second respondent, made on 7 December 2009, affirming the decision of a delegate of the first respondent not to grant the appellants' protection visas, be quashed; (c) a writ of mandamus issue, directed to the second respondent, requiring it to hear and determine the application of the appellants for review of the decision of a delegate of the first respondent refusing to grant to them protection visas.
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