MZXIW v Minister for Immigration and Multicultural Affairs [2007] FCA 123

FEDERAL COURT OF AUSTRALIA

MZXIW v Minister for Immigration and Multicultural Affairs [2007] FCA 123

MIGRATION – application summarily dismissed by Federal Magistrates Court – no reasonable cause of action disclosed – application frivolous or vexatious – whether summary dismissal interlocutory or final in nature – whether leave to appeal required Held: No error in Federal Magistrate's decision. Summary dismissal final, no leave to appeal required. Alternatively, extension of time in which to apply for leave to appeal refused. Federal Magistrates Court Rules 2001, r 13.10 NAGM v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 395 cited NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 975 followed MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 507 followed MZXIW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 1164OF 2006 MZXIY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 1165OF 2006

SUNDBERG J

14 FEBRUARY 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1164 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MZXIW

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SUNDBERG J DATE OF ORDER: 14 FEBRUARY 2007

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 $1300. 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 1165 OF 2006