MZWKN v Minister for Immigration and Citizenship [2008] FCA 239

FEDERAL COURT OF AUSTRALIA

MZWKN v Minister for Immigration and Citizenship [2008] FCA 239 MIGRATION – Appeal – Appeal from single Judge affirming decision of Refugee Review Tribunal – Where Tribunal affirmed decision of a delegate of the Minister of Immigration and Multicultural Affairs to refuse the application for a protection visa – Whether the Tribunal had failed to comply with its obligation under s 424A of the Migration Act 1958 (Cth) – Whether the applicant was denied procedural fairness – Whether the Federal Magistrate erred in finding the Tribunal's decision was not illogical and had not been effected by apprehended bias – No denial of procedural fairness – No error shown in Federal Magistrates' decision – Appeal dismissed

Migration Act 1958 (Cth) ss 424A and 424B YAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 referred to MZWKN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1079 OF 2007

TRACEY J

5 MARCH 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1079 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWKN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J DATE OF ORDER: 5 MARCH 2008

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 1079 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZWKN

Appellant