MZXIH v Minister for Immigration and Citizenship [2007] FCA 667

FEDERAL COURT OF AUSTRALIA

MZXIH v Minister for Immigration and Citizenship [2007] FCA 667

MIGRATION – Appeal from Federal Magistrate affirming decision of Refugee Review Tribunal – Claim made in original application not repeated before Tribunal – Whether Tribunal complied with its obligations under s 424A of the Migration Act when it failed to provide the appellants with written particulars of information claimed in original application – Authenticity of police reports claiming appellant's child a victim of an attempted kidnapping – Whether Tribunal's failure to exercise its powers of enquiry in relation to the police reports constitutes jurisdictional error – No appellable error made out Migration Act 1958 (Cth) s 424A M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 referred to NBKS v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 156 FCR 205 considered SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 referred to SZGGT v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 435 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 MZXIH, MZXII AND MZXIJ v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL 136 OF 2007

Tracey J

15 June 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 0136 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXIH

First Appellant

MZXII

Second Appellant

MZXIJ

Third Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent