MZWPK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1256

FEDERAL COURT OF AUSTRALIA

MZWPK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1256

MIGRATION – appeal from Federal Magistrates Court – protection visa – non-appearance of appellant before Refugee Review Tribunal – Tribunal dismissed application for review stating, among other things, that it would have asked appellant about certain matters, including that his initial visa application stated the only reason he did not want to return to India was that he wanted to continue his studies – whether lack of information is "information" for purposes of s 424A(1) – possibility of relocation in India a separate ground for refusal

Migration Act 1958 (Cth) s 424A(1), (3)(b) MZWPK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 696 affirmed Tran v Minister for Immigration & Multicultural Affairs [2002] FCA 1522 followed NAZY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 744 distinguished SAAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 215 ALR 162 cited VBAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 965 cited MZWPK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO VID 516 OF 2005 HEEREY J 29 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 516 OF 2005

ON APPEAL FROM A JUDGMENT OF THE FEDERAL MAGISTRATES COURT

BETWEEN: MZWPK

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 29 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.