FEDERAL COURT OF AUSTRALIA

SZDGC v Minister for Immigration and Citizenship [2007] FCAFC 19

SZDGC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 1511 OF 2006

ALLSOP, LANDER AND MIDDLETON JJ

13 FEBRUARY 2007

SYDNEY

BY CONSENT THE COURT ORDERS THAT:

(1)        The first respondent be correctly named the “Minister for Immigration and Citizenship”.

(2)        Leave be granted for the appellant to amend the notice of appeal to add ground 3 in the following terms:

“3.   The Federal Magistrate erred in failing to hold that the decision of the Refugee Review Tribunal was made after a breach of section 424A of the Migration Act and is invalid.”

(3)        The appeal be allowed.

(4)        Orders 3 and 4 made by the Federal Magistrates Court on 24 July 2006 be set aside, and in lieu thereof, the Court orders that:

(a)      There be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal handed down on 11 March 2004.

(b)      There be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision of the delegate of the first respondent made on 14 May 2003.

(c)      There be no order as to costs.

(5)        The first respondent pay the appellant's costs of the appeal as agreed or assessed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

The Court

1                     In this matter consent orders have been proffered to the Court by both parties, together with a statement of matters in support of the proposed consent orders pursuant to practice note 26.  The statement of matters in support of the proposed consent orders will remain with the Court file and it is to be noted that the issue under s 424A to which the consent is related is the second asserted breach of the provision which is dealt with in [15] and [16] of the written submissions entitled Outline of Submissions of the Appellant prepared by Mr Lancaster and filed on 9 February 2007.  On the basis of those matters contained in the statement handed up and the information provided, the Court is prepared to make consent orders as follows:

(1)        The first respondent be correctly named the “Minister for Immigration and Citizenship”.

(2)        Leave be granted for the appellant to amend the notice of appeal to add ground 3 in the following terms:

“3.        The Federal Magistrate erred in failing to hold that the decision of the Refugee Review Tribunal was made after a breach of section 424A of the Migration Act 1958 (Cth) and is invalid.”

(3)        The appeal be allowed.

(4)        Orders 3 and 4 made by the Federal Magistrates Court on 24 July 2006 be set aside, and in lieu thereof, the Court orders that:

(a)      There be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal handed down on 11 March 2004.

(b)      There be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision of the delegate of the first respondent made on 14 May 2003.

(c)      There be no order as to costs.

(5)        The first respondent pay the appellant's costs of the appeal as agreed or assessed.

2                     Mr Lancaster appeared pursuant to a request under Order 80 of the Federal Court Rules.  The Court is grateful to Mr Lancaster for appearing under Order 80.

Associate:

Dated:         26 February 2007