MZXLW v Minister for Immigration and Citizenship [2007] FCA 912

FEDERAL COURT OF AUSTRALIA

MZXLW v Minister for Immigration and Citizenship [2007] FCA 912 MZXLW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 299 OF 2007

MIDDLETON J

4 June 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 299 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MZXLW

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 4 June 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs, including reserved costs, of the first respondent. 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 299 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MZXLW

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 4 June 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a federal magistrate delivered on 27 March 2007 dismissing an application for judicial review of a decision of the second respondent ('the Tribunal') dated 31 July 2006. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. The Tribunal had previously considered the matter and made a decision dated 24 January 2006; however this decision was set aside and declared invalid by consent orders made by the Federal Magistrates Court. The Tribunal reconsidered the matter and it is the Tribunal's latter decision (dated 31 July 2006) with which I am concerned today.