MZXKH v Minister for Immigration and Citizenship [2007] FCA 663

FEDERAL COURT OF AUSTRALIA

MZXKH v Minister for Immigration and Citizenship [2007] FCA 663

MIGRATION – Appeal from Federal Magistrate affirming decision of Refugee Review Tribunal – Claim not raised in initial application subsequently raised before Tribunal – Where Tribunal failed to alert appellant with sufficient specificity to the adverse material on which it relied – Where Tribunal failed to meet its obligations to appellant under s 424A(1) of Migration Act –– Demonstrated compliance with s 424A(3)(b) relieves the respondent of the requirements set out under s 424A(1) – No appellable error made out Migration Act 1958 (Cth) s 424A SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 referred to Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 referred to SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 cited NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited NBKS v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 156 FCR 205 considered SZGGT v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 435 referred to M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 referred to SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 considered MZXFQ v Minister for Immigration and Citizenship [2007] FCA 826 distinguished MZXKH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1335 OF 2006

Tracey J

15 June 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1335 Of 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA