MZKAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1066

FEDERAL COURT OF AUSTRALIA

MZKAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1066 MZKAJ, MZKAK AND MZKAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1447 OF 2004 NORTH J 4 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1447 OF 2004

BETWEEN: MZKAJ

FIRST APPELLANT

MZKAK

SECOND APPELLANT

MZKAI

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 4 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application to reinstate the appeal is dismissed. 2. The application to rely upon new grounds of appeal is dismissed. 3. The appeal is dismissed. 4. The question of costs is reserved. 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 1447 OF 2004

BETWEEN: MZKAJ

FIRST APPELLANT

MZKAK

SECOND APPELLANT

MZKAI

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: ## JULY 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Before the Court is an appeal from a decision of Phipps FM delivered on 9November 2004. The Federal Magistrate dismissed applications for review of two decisions of the Refugee Review Tribunal (the Tribunal), both made on 18 September 2002. The Tribunal affirmed decisions of the delegate of the respondent, Minister for Immigration and Multicultural and Indigenous Affairs, not to grant protection visas to the appellants. On 19 May 2005 the Chief Justice determined that this appeal be heard by a single judge pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth).