Applicant MZKAO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1484

FEDERAL COURT OF AUSTRALIA

Applicant MZKAO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1484 MIGRATION – judicial review – protection visa – whether Tribunal failed to ask itself the right question – whether findings of Tribunal were unreasonable – whether country information relied on by Tribunal was outdated. Migration Act 1958 (Cth) Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to

Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied

SAAT v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 345 applied

Minister for Immigration and Multicultural and Indigenous Affairs v Kord [2002] FCAFC 77, (2002) 125 FCR 68 applied

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30, (2003) 198 ALR 59 referred to

Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 applied

Kioa v West (1985) 159 CLR 550 referred to

Selavadurai v Minister for Immigration and Ethnic Affairs and Another (1994) 34 ALD 347 followed

APPLICANT MZKAO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 520 OF 2003 MARSHALL J 12 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 520 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: Applicant MZKAO

Appellant

AND: Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 12 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.