MZXLE v Minister for Immigration & Citizenship [2007] FCA 1159

FEDERAL COURT OF AUSTRALIA

MZXLE v Minister for Immigration & Citizenship [2007] FCA 1159

MIGRATION – Protection visa – Appeal from Federal Magistrates Court – Where mistranslation by interpreter – Whether mistranslation deprived appellant of the opportunity to give evidence and present arguments to Tribunal – Whether appellant deprived of the opportunity to give evidence and present arguments about injuries he sustained and where he had lived between 2000 and 2005 – Whether Federal Magistrate erred in finding no error in the tribunal's conclusion in relation to three letters sent by the appellant's wife used to support his claims – Whether Federal Magistrate erred in not finding the Tribunal's reasons gave rise to a reasonable apprehension of bias Held – Appeal dismissed as no error shown in Federal Magistrate's decision

Migration Act 1958 (Cth) s 425

Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 distinguished SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 referred to MZXLE v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 515 OF 2007

TRACEY J

29 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 515 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXLE

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J DATE OF ORDER: 29 AUGUST 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. 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 515 OF 2007