Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZDK v Minister for Immigration and Border Protection [2014] FCA 181 Citation: MZZDK v Minister for Immigration and Border Protection [2014] FCA 181
Appeal from: MZZDK v Minister for Immigration & Anor [2013] FCCA 919
Parties: MZZDK v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: VID 867 of 2013
Judge: NORTH J
Date of judgment: 12 February 2014
Date of hearing: 12 February 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 29
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondents: Mr L Brown
Solicitor for the Respondents: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 867 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: MZZDK
Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NORTH J DATE OF ORDER: 12 FEBRUARY 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the Federal Circuit Court judge on 9 August 2013 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 26 October 2012 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 26 October 2012, 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 the 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: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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