MZWZL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1475

FEDERAL COURT OF AUSTRALIA

MZWZL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1475

MIGRATION – appeal – estoppel – abuse of process – whether final or interlocutory decision of Federal Magistrates Court Port of Melbourne Authority v Anshun Pty Ltd (No 1) (1980) 147 CLR 35 - applied MZWHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 446 - applied MZWHN v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 491 - distinguished MZWZL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1055 OF 2005 MZWZS AND MZWZT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1056 of 2005 MERKEL J 18 OCTOBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

BETWEEN: VID 1055 of 2005

MZWZL

APPELLANT

VID 1056 of 2005

MZWZS AND MZWZT

APPELLANT

AND: Minister for Immigration and Multicultural and Indigenous Affairs

FIRST RESPONDENT

Refugee Review Tribunal

SECOND RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 18 OCTOBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeals be dismissed. 2. The appellants pay the costs of the respondents of and incidental to the appeals, save for the costs of the first respondent's objection to competency filed on 30 September 2005.

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

BETWEEN: VID 1055 of 2005

MZWZL

APPELLANT

VID 1056 of 2005

MZWZS AND MZWZT

APPELLANT

AND: Minister for Immigration and Multicultural and Indigenous Affairs