Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNYL v Minister for Immigration and Citizenship [2010] FCA 1282 Citation: SZNYL v Minister for Immigration and Citizenship [2010] FCA 1282
Appeal from: SZNYL v Minister for Immigration & Anor [2010] FMCA 302
Parties: SZNYL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 627 of 2010
Judge: NORTH J
Date of judgment: 9 November 2010
Date of hearing: 9 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 29
Counsel for the Appellant: Ms Bridie Nolan
Counsel for the Respondents: Mr Justin Smith
Solicitor for the Respondents: Sparke Helmore
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 627 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZNYL
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NORTH J DATE OF ORDER: 9 NOVEMBER 2010 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court on 6 May 2010 be set aside. 3. In lieu of those orders, the following orders be made: (a) a writ certiorari issue, directed to the second respondent, removing into the Court its decision, made on 8 September 2009, affirming the decision of a delegate of the first respondent not to grant a protection visa to the appellant, for the purpose of quashing that decision; (b) the decision of the second respondent, made on 8 September 2009, affirming the decision of a delegate of the first respondent not to grant the appellant a protection visa, be quashed; (c) a writ of mandamus issue, directed to the second respondent, requiring it to hear and determine the application of the appellant for review of the decision of a delegate of the first respondent refusing to grant him a protection visa. 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 Federal Law Search on the Court's website.
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