Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXRF v Minister for Immigration and Citizenship [2008] FCA 690
MIGRATION – appeal from a decision of a Federal Magistrate – whether the Refugee Review Tribunal ("the Tribunal") was affected by bias – whether the Tribunal made findings of fact which were not supported by evidence, failed to give reasons or did not consider evidence before it – where Court found no error on the part of the Federal Magistrate – appeal dismissed
Migration Act 1958 (Cth) ss 424A, 426 MZXRF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 195 OF 2008
TRACEY J
20 MAY 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 195 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXRF
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 20 MAY 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 195 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXRF
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE: 20 MAY 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT
BACKGROUND 1 This is an appeal against a judgment of a Federal Magistrate delivered on 20 March 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 12 May 2007 and handed down on 1 June 2007: see MZXRF v Minister for Immigration and Citizenship [2008] FMCA 318. The Tribunal had affirmed a decision of a delegate of the Department of Immigration and Citizenship to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of India who arrived in Australia on 17 November 2005 on a student visa. On 8 December 2006 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs, as it was then known. A delegate of the first respondent refused the application for a protection visa on 25 January 2007. On 14 February 2007 the appellant applied to the Tribunal for a review of that decision.
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