MZXDH v Minister for Immigration and Multicultural Affairs [2007] FCA 719

FEDERAL COURT OF AUSTRALIA

MZXDH v Minister for Immigration and Multicultural Affairs [2007] FCA 719

MIGRATION – application for protection visa – Refugee Review Tribunal – Tribunal member ceasing to act before decision made – whether reconstituted tribunal required to hold a further hearing. Migration Act 1958 ss 420, 422(2), 425(1), 427. Liu v Minister for Immigration (2001) 113 FCR 541 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 SZATG v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 215 ALR 358 VCAK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs[2004] FCA 459 Hong v Minister for Immigration and Multicultural and Indigenous Affairs[2004] FCA 1308 NADG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 893 SXXB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 537 Abujoudeh v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 115 FCR 179 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) (1999) 73 ALJR 306 Re Minister for Immigration for Multicultural Affairs Ex Parte Durairajasingham (2000) 74 ALJR 405 MZXDH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 608 of 2006 FINKELSTEIN J 15 MAY 2007 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 608of 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXDH

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL

Respondent

JUDGE: FINKELSTEIN J DATE OF ORDER: 15 MAY 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.