FEDERAL COURT OF AUSTRALIA
SZTIM v Minister for Immigration & Border Protection [2015] FCAFC 101
IN THE FEDERAL COURT OF AUSTRALIA | |
Appellant | |
AND: | MINISTER FOR IMMIGRATION & BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL (FORMERLY REFUGEE REVIEW TRIBUNAL) Second Respondent |
DATE OF ORDER: | |
WHERE MADE: |
BY CONSENT
THE COURT ORDERS:
2. The orders made by the primary judge on 17 March 2015, including as to costs, be set aside.
3. The matter be remitted to the Federal Circuit Court of Australia, differently constituted, for determination of the claims for relief in the application (as amended) filed in that Court on 3 October 2013.
4. The first respondent pay the appellant’s costs of these proceedings as agreed or assessed.
5. The name of the second respondent be amended to the Administrative Appeals Tribunal.
THE COURT NOTES:
The first respondent accepts that the appellant was denied procedural fairness in that she was denied a reasonable opportunity to present her case before the Federal Circuit Court (Shrestha v Minister for Immigration and Border Protection [2015] FCAFC 87 at [38]-[41]) and the Court could not be satisfied that such a denial did not affect the outcome of the matter.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 318 of 2015 |
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA |
BETWEEN: | SZTIM Appellant |
AND: | MINISTER FOR IMMIGRATION & BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL (FORMERLY REFUGEE REVIEW TRIBUNAL) Second Respondent |
JUDGES: | MANSFIELD, ROBERTSON AND GRIFFITHS JJ |
DATE: | 31 july 2015 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
THE COURT
1 This appeal was listed to be heard today, together with SZVDH v Minister for Immigration and Border Protection NSD 481 of 2015.
2 The parties provided to the Court proposed consent orders dated 16 July 2015 in the following terms:
BY CONSENT, THE COURT ORDERS:
1. The appeal be allowed on the basis set out in the note included with this order.
2. The orders made by the primary judge on 17 March 2015, including as to costs, be set aside.
3. The matter be remitted to the Federal Circuit Court of Australia, differently constituted, for determination of the claims for relief in the Application (as amended) filed in that Court on 3 October 2013.
4. The First Respondent pay the Appellant’s costs of these proceedings as agreed or assessed.
THE COURT NOTES THAT:
The First Respondent accepts that the Appellant was denied procedural fairness in that she was denied a reasonable opportunity to present her case before the Federal Circuit Court (Shrestha v Minister for Immigration and Border Protection [2015] FCAFC 87 at [38]-[41]) and the Court could not be satisfied that such a denial did not affect the outcome of the matter.
3 The Court is satisfied that the proposed consent orders should be made having regard to the principles which were approved and applied in the decision of the Full Court in Shrestha v Minister for Immigration and Border Protection [2015] FCAFC 87.
4 Orders will be made accordingly.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Mansfield, Robertson and Griffiths. |
Associate:
