MZWMF v Minister for Immigration and Multicultural Affairs [2006] FCA 780

FEDERAL COURT OF AUSTRALIA

MZWMF v Minister for Immigration and Multicultural Affairs [2006] FCA 780 MIGRATION – appeal from judgment of Federal Magistrate dismissing application for judicial review – Refugee Review Tribunal dealt with appellant's case "on the papers" and without a hearing – appellant ill and twice unable to attend scheduled Tribunal hearings – appellant invited Tribunal to proceed without hearing from him – whether appellant's case adequately considered

Migration Act 1958 (Cth) s 36

MZWMF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 513 affirmed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Nagalingam v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 191 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 referred to

MZWMF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VID 119 of 2005 WEINBERG J 20 JUNE 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 119 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWMF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 20 JUNE 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dimissed. 2. The appellant pay the respondent's costs of and incidental to this 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 119 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA