MZWGO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1070

FEDERAL COURT OF AUSTRALIA

MZWGO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1070 MZWGO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL VID 343 OF 2005 NORTH J 21 JULY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 343 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWGO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: NORTH J

DATE OF ORDER: 21 JULY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave is granted to join the Refugee Review Tribunal as the second respondent to this appeal. 2. The appeal is dismissed. 3. The appellant pay the first respondent's costs of the appeal. 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 343 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWGO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: NORTH J

DATE: 21 JULY 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 This is an appeal from a decision of McInnis FM given on 5 April 2005. The Federal Magistrate dismissed an application for review of a decision of the second respondent, the Refugee Review Tribunal (the Tribunal), made on 15 November 2000. The Tribunal had affirmed the decision of the delegate of the first respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, not to grant a protection visa to the appellant. On 26 May 2005 the Acting Chief Justice made a determination pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth) that this appeal would be heard by a single judge.