Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZWGN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1557 MZWGN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS VID 178 of 2005 MANSFIELD J 14 OCTOBER 2005 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 178 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZWGN
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 14 OCTOBER 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay to the respondent 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 178 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZWGN
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE: 14 OCTOBER 2005
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 The appellant is a Sri Lankan National who came to Australia on 17 July 1998. He applied for a protection visa on 28 August 1998. That application was refused by a delegate of the respondent on 26 November 1998. It was then affirmed by a decision of the Refugee Review Tribunal (the Tribunal) on 26 May 2000. Shortly after that date the appellant joined in the proceedings in the High Court in the matters of Muin v Refugee Review Tribunal and others; Lie v Refugee Review Tribunal and Others (2002) 190 ALR 601. 2 Following the decision in that case, the appellant instituted his own proceedings in the High Court on 21 May 2003, seeking prerogative orders to quash the decision of the Tribunal for jurisdictional error. That matter was remitted to this Court for hearing and determination and in turn transferred to the Federal Magistrates Court for hearing and determination. 3 On 18 March 2004 the Federal Magistrates Court determined that there was no arguable case on behalf of the appellant for prerogative relief of the nature sought. It refused the application for an order nisi to the Tribunal to show cause why its decision should not be set aside: see M116 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 168.
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