MZXLB v Minister for Immigration and Citizenship [2007] FCA 1588

FEDERAL COURT OF AUSTRALIA

MZXLB v Minister for Immigration and Citizenship [2007] FCA 1588

MIGRATION – Refugee Review Tribunal – judicial review – protection visa application – failure to deal with an integer of claim Migration Act 1958 (Cth)

Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Chen v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 157 Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 MZXLB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL VID 411 of 2007

FINKELSTEIN J

19 OCTOBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 411of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXLB

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

Respondents

JUDGE: FINKELSTEIN J DATE OF ORDER: 19 OCTOBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court on 27 April 2007 be set aside and in lieu thereof it be ordered that the decision of the Refugee Review Tribunal made on 31 May 2006 be quashed and the matter be reheard by the tribunal in accordance with law. 3. The first respondent pay the appellant's costs of the appeal and the costs below. 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 411 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXLB

Appellant