SZDOJ v Minister for Immigration

[2004] FMCA 913

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDOJ v MINISTER FOR IMMIGRATION [2004] FMCA 913

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of a decision affirming a decision by a delegate of the Minister not to grant a protection visa to the applicant – applicant a citizen of India – applicant claims a well-founded fear of persecution because of his support for a Muslim political party – settled on terms favourable to the applicant – writs of certiorari and mandamus to issue.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth)

Applicant: SZDOJ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 1437 of 2004

Delivered on: 30 November 2004

Delivered at: Sydney

Hearing date: 1 December 2004 (vacated)

Judgment of: Scarlett FM

REPRESENTATION

Solicitors for the Applicant: In person

Solicitors for the Respondent: Clayton Utz

ORDERS MADE BY CONSENT

1. That a writ of certiorari issue, quashing the decision of the Refugee Review Tribunal dated 25 March 2004 and handed down on 20 April 2004.

2. That a writ of mandamus issue, requiring the Refugee Review Tribunal to redetermine the matter according to law.

3. That each party bear their own costs.

4. That the hearing date of 1 December 2004 be vacated.

5. That the application is removed from the list of cases awaiting finalisation.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1437 of 2004

SZDOJ

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

Application

1. This is an application for review of a decision of the Refugee Review Tribunal affirming a decision to refuse a protection visa to the applicant. The applicant, a citizen of India, claims a well-founded fear of persecution for a convention reason.

2. The application was listed for final hearing tomorrow, 1^st December 2004. The case has been settled today, and I have signed a Minute of Consent Orders that has already been signed by the applicant and the solicitor for the respondent. Even though the applicant is not represented by a lawyer, I propose to accept the settlement and make orders by consent, as the outcome is very favourable to the applicant.

3. I make the orders set out in the Minute of Consent Orders forwarded to the court today and I vacate the hearing date of 1^st December 2004.

   
   

   I direct that the proceeding should be removed from the list of cases awaiting finalisation.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S. Polley

Date:  1 December 2004