MZXAM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1038

FEDERAL COURT OF AUSTRALIA

MZXAM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1038

MZXAM v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR VID 314 OF 2006

RARES J

7 AUGUST 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 314 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXAM

Appellant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE OF ORDER: 7 AUGUST 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be added as the second respondent. 2. The second respondent be granted leave to file in Court a submitting appearance. 3. The appeal be dismissed with costs fixed in the sum of $3,100. 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 314 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXAM

Appellant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE: 7 AUGUST 2006

PLACE: MELBOURNE

REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This is an appeal from a decision of the Federal Magistrates Court (MZXMA v Minister for Immigration [2006] FMCA 477) given on 16 March 2006 in which the trial judge dismissed the appellant's claim for Constitutional writs to issue quashing a decision of the Refugee Review Tribunal which had confirmed a decision not to grant him a protection visa (which was made on 31 March 2005 and handed down on 22 April 2005).