MZXFN v Minister for Immigration & Citizenship [2007] FCA 362

FEDERAL COURT OF AUSTRALIA

MZXFN v Minister for Immigration & Citizenship [2007] FCA 362

MIGRATION – procedural fairness – Tribunal found that the appellant lacked credibility and that documentary evidence did not support his claim – no finding that documentary evidence was fraudulent – no obligation on the part of the Tribunal to raise concerns as to the genuineness of the documentary evidence – s 422B

Migration Act 1958 (Cth) s 422B Minister for Immigration & Multicultural Affairs v Lay Lat (2006) 151 FCR 214 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited MZXFN v Minister for Immigration & Multicultural Affairs [2006] FMCA 1274 affirmed NBKT v Minister for Immigration & Multicultural Affairs [2006] FCAFC 195 followed SZAJL v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 217 cited SZCIJ v Minister for Immigration & Multicultural Affairs [2006] FCAFC 62 followed WACO v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 131 FCR 511 cited WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 597 cited WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 considered VXDC v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 562 cited MZXFN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1046 OF 2006

BENNETT J

14 FEBRUARY 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1046 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXFN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J DATE OF ORDER: 14 FEBRUARY 2007