MZWYY v Minister for Immigration and Multicultural Affairs [2006] FCA 506

FEDERAL COURT OF AUSTRALIA

MZWYY v Minister for Immigration and Multicultural Affairs [2006] FCA 506 MIGRATION – appeal from Federal Magistrates Court – whether Refugee Review Tribunal was in error for failing to consider visa applicant's subjective state of mind – whether Tribunal was required to consider a claim not expressly raised by applicant – whether claim was apparent on the face of country materials before the Tribunal – appeal dismissed

SCAM v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 964 followed WAHK v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 81 ALD 22 followed Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57 referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 referred to NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) 144 FCR 1 discussed SVTB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 104 cited WAKZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1065 referred to Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 referred to MZWYY, MZWYZ AND MZWZA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 155 OF 2006 KENNY J 8 MAY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 155 OF 2006

BETWEEN: MZWYY

FIRST APPELLANT

MZWYZ

SECOND APPELLANT

MZWZA

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT