Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXHN v Minister for Immigration and Citizenship [2007] FCA 656 Migration Act 1958 (Cth) s 422B Attorney-General (NSW) v Quin (1990) 170 CLR 1 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 MZXHN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 1311 SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 SZAQY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1382 MZXHN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 5 OF 2007
Nicholson J
2 MAY 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 5 OF 2007
On appeal from the Federal Magistrates Court of Australia BETWEEN: MZXHN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J DATE OF ORDER: 2 MAY 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. 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 5 OF 2007
On appeal from the Federal Magistrates Court of Australia BETWEEN: MZXHN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J
DATE: 2 MAY 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate (Riethmuller FM) dated 21 December 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) dated 18 January 2006 and handed down on 27 January 2006: MZXHN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 1311. The Tribunal had affirmed a decision of a delegate of the first respondent made on 9 September 2005 to refuse to grant a protection (class XA) visa to the appellant pursuant to the provisions of the Migration Act 1958 (Cth) (the Act). At the hearing I dismissed the appeal and the following are the reasons for that decision.
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