MZXGP v Minister for Immigration and Multicultural Affairs & Anor [2006] FCA 1314

FEDERAL COURT OF AUSTRALIA

MZXGP v Minister for Immigration and Multicultural Affairs & Anor [2006] FCA 1314

MIGRATION – application for protection visa – applicant claimed to be a Tamil Muslim –jurisdictional error – relevant consideration an integer of the applicant's claim – a finding of credibility is a finding of fact Migration Act 1958 (Cth) s 424A Abebe v Commonwealth of Australia(1999) 197 CLR 510 Devries v Australian National Railways Commission (1993) 177 CLR 472 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 SAAP v Minister for Immigration and Multicultural Affairs (2001) 215 ALR 162. VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703 MZXGP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 291 OF 2006

MIDDLETON J

22 SEPTEMBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 291 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXGP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 22 SEPTEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. 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 291 OF 2006