Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZWYM v Minister for Immigration and Citizenship [2007] FCA 1032 Migration Act 1958 (Cth) ss 36, 61(1)(b), 65(1)(b), 91R Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 S395/2002 v Minister for Immigration and Multicultural Affairs (2004) 216 CLR 473 MZWYM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 137 OF 2007
Nicholson J
10 JULY 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 137 OF 2007
ON appeal from the federal MAGISTRATES court of australia BETWEEN: MZWYM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J
DATE OF ORDER: 10 JULY 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 appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal. 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 137 OF 2007
ON appeal from the federal MAGISTRATES court of australia BETWEEN: MZWYM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Nicholson J
DATE: 10 JULY 2007
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate (McInnis FM) dated 30 January 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) dated 19 April 2006. On 16 February 2005 the Tribunal had affirmed a decision of a delegate of the first respondent made on 24 June 2004 refusing to grant a protection (class XA) visa to the appellant under the provisions of the Migration Act 1958 (Cth) (the Act). However, it had not provided the appellant with an invitation to comment on these inconsistencies as required by s 424A of the Act. On 6 December 2005 the Federal Magistrates Court made orders remitting the matter to the Tribunal for reconsideration. The result was the further decision of the Tribunal, differently constituted, dated 19 April 2006. 2 On 6 June 2006 the appellant applied to the Federal Magistrates Court for review of this second Tribunal decision. 3 At the hearing of the appeal from that judgment this Court granted leave for the filing of an amended notice of appeal.
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