Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZWMQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1263
MIGRATION – protection visa – grounds of appeal raise no jurisdictional error – whether s 424A of the Migration Act 1958 (Cth) required the Refugee Review Tribunal to give written notice to the first appellant of its intention to rely on adverse information provided by the second appellant – adverse information provided by "the applicant" - Refugee Review Tribunal exempt from providing notice Migration Act 1958 (Cth) s 424A
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, (2005) 215 ALR 162, discussed Minister for Immigration and Multicultural and Indigenous Affairs v Awan (2003) 131 FCR 1, cited MZWMQ, MZWMR and MZWMS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL VID 263 OF 2005 MARSHALL J 9 SEPTEMBER 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID263 OF 2005
ON APPEAL FROM A JUDGMENT OF THE FEDERAL
MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZWMQ, MZWMR, MZWMS
APPELLANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 9 SEPTEMBER 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Refugee Review Tribunal is added as a respondent.
2. The appeal is dismissed.
3. The appellants 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 VID263 OF 2005
ON APPEAL FROM A JUDGMENT OF THE FEDERAL
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