Minister for Immigration and Multicultural and Indigenous Affairs v MZWLH [2006] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v MZWLH [2006] FCAFC 173 Migration Act 1958 (Cth) s 36 Minister for Immigration and Multicultural Affairs v QAAH [2006] HCA 53 Minister for Immigration and Multicultural and Indigenous Affairs (2005) 145 FCR 363 NBGM v Minister for Immigration and Multicultural Affairs [2006] HCA 54 QAAH of 2004 NBGM v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 522 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v MZWLH AND REFUGEE REVIEW TRIBUNAL VID 1240 OF 2005

TAMBERLIN, WEINBERG & ALLSOP JJ

30 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1240 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Appellant

AND: MZWLH

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: TAMBERLIN, WEINBERG & ALLSOP JJ DATE OF ORDER: 30 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1240 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Appellant

AND: MZWLH

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: TAMBERLIN, WEINBERG & ALLSOP JJ

DATE: 30 NOVEMBER 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

TAMBERLIN J 1 I agree, for the reasons given by Allsop J that the appeal should be allowed, with costs. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberin.