MZWEC v Minister for Immigration and Multicultural Affairs [2006] FCA 1696

FEDERAL COURT OF AUSTRALIA

MZWEC v Minister for Immigration and Multicultural Affairs [2006] FCA 1696

MZWEC and MZWED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and THE REFUGEE REVIEW TRIBUNAL

VID 1361 of 2005

RYAN J 8 DECEMBER 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIADISTRICT REGISTRY VID 1361 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWEC

First Appellant

MZWED

Second Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 8 DECEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellants pay the first respondent's costs, to be taxed in default of agreement.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIADISTRICT REGISTRY VID 1361 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWEC

First Appellant

MZWED

Second Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE: 8 DECEMBER 2006

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 This is an appeal from Orders of McInnis FM pronounced on 12 October 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The second appellant did not make any independent claim to refugee status and the outcome of the claim of the first appellant ("the appellant") is therefore determinative of both appellants' claims for protection visas. 2 The first and second appellants are husband and wife who are citizens of Sri Lanka. They arrived in Australia on 2 October 1997 and applied for protection visas on 29 October 1997. On 26 November 1997, a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refused to grant either appellant a protection visa. The appellant subsequently applied, on 19 December 1997, to the Tribunal for a review of that refusal. 3 The appellant gave oral evidence at hearings before the Tribunal on 18 May 2000 and 15 June 2000 and, on 19 November 2001, the Tribunal affirmed the delegate's decision. On 9 December 2002, the appellant applied to the High Court of Australia seeking judicial review. That application was dismissed by consent on 15 March 2004.