Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXFP v Minister for Immigration and Citizenship [2007] FCA 660 Migration Act 1958 (Cth) ss 48B, 417, 424A(3)(a), 422B Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Jarrett v Seymour(1993) 46 FCR 557 MZXFP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1429 OF 2006
Nicholson J
3 MAY 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1429 OF 2006
BETWEEN: MZXFP
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J
DATE OF ORDER: 3 MAY 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The description of the first respondent be amended to read 'Minister for Immigration and Citizenship'. 2. The application for leave to appeal from the decision of Federal Magistrate McInnis given on 26 December 2006 be refused. 3. The applicant pay the first respondent's costs of the application. 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 1429 OF 2006
BETWEEN: MZXFP
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J
DATE: 3 MAY 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for leave to appeal from orders made by a Federal Magistrate (McInnis FM) on 21 December 2006. The application before the Federal Magistrate requested that an earlier order of the Federal Magistrates Court dated 26 June 2006 be set aside. The initial application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 28 November 2005. The Tribunal had affirmed the decision of a delegate of the first respondent to refuse to grant a protection (class XA) visa to the applicant. These are the reasons why the application for leave to appeal was dismissed at the conclusion of the hearing.
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