MZYER v Minister for Immigration and Citizenship and Refugee Review Tribunal [2010] FCA 522

FEDERAL COURT OF AUSTRALIA

MZYER v Minister for Immigration and Citizenship and Refugee Review Tribunal [2010] FCA 522 Citation: MZYER v Minister for Immigration and Citizenship and Refugee Review Tribunal [2010] FCA 522

Appeal from: MZYER v Minister for Immigration and Citizenship [2009] FMCA 1314

Parties: MZYER v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: VID 914 of 2009

Judge: DODDS-STREETON J

Date of judgment: 26 May 2010

Supplementary reasons for judgment: 10 November 2010

Catchwords: MIGRATION - decision of Minister's delegate refusing protection visa to appellant - appeal from orders made by Federal Magistrate dismissing appellant's application for review of decision made by Refugee Review Tribunal affirming delegate's decision - whether Tribunal breached s 424A(1) of the Migration Act by failing to give the appellant information which would be the reason or part of the reason for affirming the decision.

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(1AA) Federal Court Rules O 52 r 38A Federal Magistrate Court Rules 2001 r 13.03A and r 13.03B Migration Act 1958 (Cth) s 422B; s 424A; s 425

Cases cited: Minister for Immigration and Multicultural Affairs Ex parte Lam (2003) 214 CLR Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 SZBEL v Minister for Immigration and Multicultural Affairs (2006) 228 CLR 152 SZBYR and Another v Minister for Immigration and Citizenship and Another (2007) 96 ALD 1 SZHBX v Minister for Immigration and Citizenship [2007] FCA 1169