SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs

HIGH COURT OF AUSTRALIAGLEESON CJKIRBY, HAYNE, CALLINAN AND HEYDON JJSZBEL   APPELLANTANDMINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUSAFFAIRS & ANOR  RESPONDENTSSZBEL v Minister for Immigration and Multicultural and Indigenous Affairs[2006] HCA 6315 December 2006S274/2006ORDER1.Appeal allowed with costs.2.Set aside the orders of the Federal Court of Australia made on 9 February 2006 and, in their place, order:(a)appeal allowed with costs; and(b)set aside the orders of the Federal Magistrates Court of Australia made on 23 February 2005 and, in their place, order:(i)a writ of certiorari issue, directed to the second respondent, to quash the decision of the second respondent made on 27 June 2003; and(ii)a writ of mandamus issue, directed to the second respondent, requiring the second respondent to determine according to law the application made on 5 June 2001 by the appellant for review of the decision of the delegate of the first respondent to refuse to grant the appellant a protection visa.On appeal from the Federal Court of AustraliaRepresentationN J Williams SC with R S Francois for the appellant (instructed by Legal Aid Commission of New South Wales)S J Gageler SC with S B Lloyd for the first respondent (instructed by Clayton Utz)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSZBEL v Minister for Immigration and Multicultural and Indigenous AffairsImmigration – Refugees – Protection visa decision – Procedural fairness – Appellant claimed he feared persecution on basis of his conversion to Christianity if...