MZWEL v Minister for Immigration and Multicultural Affairs [2006] FCA 442

FEDERAL COURT OF AUSTRALIA

MZWEL v Minister for Immigration and Multicultural Affairs [2006] FCA 442 MIGRATION – application for extension of time to file notice of appeal - s 424A of the Migration Act 1958 (Cth) – whether contents of letter constituted "information" under s 424A – whether there was an alternative basis for Refugee Review Tribunal's decision – extension of time granted and appeal allowed

Federal Court Rules, O 52 r 15(2) Migration Act 1958 (Cth), s 424A

SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 discussed VAAC v Minster for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to SAAP Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 referred to MZWEL v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 105 OF 2005 KENNY J 8 MAY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 105 OF 2005

BETWEEN: MZWEL

APPLICANT/APPELLANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

AND: FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: KENNY J

DATE OF ORDER: 8 MAY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave be granted to amend the notice of appeal in the form proposed at the hearing on 24 April 2006. 2. The application for an extension of time in which to file and serve the notice of appeal be granted. 3. The Refugee Review Tribunal be joined as a party to the appeal. 4. The appeal be allowed. 5. The orders made by the Federal Magistrate on 21 January 2005 be set aside, and in lieu thereof the Court orders that: a) The Refugee Review Tribunal be joined as a party to the application. b) There be an order in the nature of certiorari to quash the decision of the Tribunal made on 20 January 2004 and handed down on 13 February 2004; c) There be an order in the nature of mandamus requiring the Tribunal to review according to law the decision of the delegate of the Minister to refuse a protection visa sought by the applicant; d) The first respondent pay the costs of the applicant before the Federal Magistrates Court. 6. The first respondent pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.