MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 507

FEDERAL COURT OF AUSTRALIA

MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 507 CORRIGENDUM MZXEF, MZXEG AND MZXEM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 150 OF 2006 KENNY J 8 MAY 2006 (CORRIGENDUM 2 JUNE 2006) MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 150 OF 2006

BETWEEN: MZXEF

FIRST APPELLANT

MZXEG

SECOND APPELLANT

MZXEM

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 8 MAY 2006 (CORRIGENDUM 2 JUNE 2006)

WHERE MADE: MELBOURNE

CORRIGENDUM 1. In paragraph [19] of the Reasons for Judgment delete the words "with costs". I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Kenny.

Associate: Dated:

FEDERAL COURT OF AUSTRALIA

MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 507 MIGRATION – res judicata – abuse of process

Migration Act 1958, s 475A Judiciary Act 1903, s 39B Federal Court of Australia Act 1976 (Cth), s 27

Federal Magistrates Court Rules 2001, r 13.10(a) and (c)

M18/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1289 discussed M18/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 127 discussed MZXEF v Minister for Immigration [2006] FMCA 187 referred to MZWHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 466 referred to Re Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 referred to SZEEO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 546 cited NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 975 cited MZWZL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1475 cited MZXEF, MZXEF AND MZXEM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 150 OF 2006 KENNY J 8 MAY 2006 MELBOURNE