Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXQY v Minister for Immigration and Citizenship [2008] FCA 207
MIGRATION – Appeal from Federal Magistrate affirming decision of Refugee Review Tribunal – where appellant sought leave to add additional grounds of appeal – Where appellant claimed the Tribunal erred in making findings of critical facts where there was no evidence to support the finding – where appellant claimed the Tribunal had erred by failing to consider whether the appellant had been persecuted by reason of her membership of a particular social group – no appellable error made out.
Migration Act 1958 (Cth) ss 91R and 424A
NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 followed MZXQY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1159 OF 2007
TRACEY J
3 MARCH 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1159 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXQY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 3 MARCH 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs fixed at $3,500. 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 1159 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXQY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE: 3 MARCH 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT
Background 1 This is an appeal against a judgment of a Federal Magistrate delivered on 22 November 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 19 April 2007 and handed down on 17 May 2007: see [2007] FMCA 2035. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of Thailand, who arrived in Australia on 22 November 2006. She entered on a visitor's visa. On 28 December 2006 she lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs, claiming to have a well-founded fear of persecution by the father of her children and his family following her refusal re-convert to Islam. A delegate of the first respondent refused the application for a protection visa on 18 January 2007. 3 In refusing the application for a protection visa on 18 January 2007, the Minister's delegate did not accept that the appellant had a genuine fear of harm and found that there was not a real chance of persecution occurring. As a result, the Minister's delegate found that the appellant's fear of persecution (as defined under the Refugee convention (United Nations Refugee Convention 1951 as amended by the Protocol (1967) Relating to the Status of Refugees)) was not well founded. 4 On 16 February 2007 the appellant applied to the Tribunal for a review of that decision.
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