Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXER v Minister for Immigration and Multicultural Affairs [2006] FCA 1812
MZXER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 433 OF 2006
BESANKO J
31 OCTOBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY VID 433 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXER
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE OF ORDER: 31 OCTOBER 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal fixed in the amount of $4,088.48. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY VID 433 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXER
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE: 31 OCTOBER 2006
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal from orders made by a Federal Magistrate on 11 April 2006. In hearing and determining the appeal I am exercising the appellate jurisdiction of this Court under s 25(1AA) Federal Court of Australia Act 1976 (Cth). 2 The Magistrate had before him an application under s 39B of the Judiciary Act 1903 (Cth) for constitutional writs directed to the Refugee Review Tribunal ('the Tribunal'). The appellant challenged the Magistrate's order that the application for review brought by him be dismissed. 3 Both before the Magistrate and before me the appellant was unrepresented. The submissions he put to the Magistrate were repeated before me. He submitted that the Magistrate erred in not accepting his submissions.
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