MZWPN v Minister for Immigration and Multicultural Affairs [2006] FCA 807

FEDERAL COURT OF AUSTRALIA

MZWPN v Minister for Immigration and Multicultural Affairs [2006] FCA 807 MIGRATION – appellant failed to appear before Tribunal – Tribunal held hearing in appellant's absence – no breach of procedural fairness

Migration Act 1958 (Cth), s 426A

Federal Magistrates Court Rules 2001 (Cth), Rule 13.03A Federal Court Rules, O 52 r 38A (1)(d)

S58 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 283 followed SZEYH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 93 referred to Minister for Immigration and Multicultural Affairs v Lay Lat [2006] FCAFC 61 referred to SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 referred to SZDQO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1026 SZBZO v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 494 referred to MZWPN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 950 of 2005 KENNY J 28 JUNE 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 950 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWPN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 28 JUNE 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's cost 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 950 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA