MZYKV v Minister for Immigration and Citizenship [2012] FCA 947

FEDERAL COURT OF AUSTRALIA

MZYKV v Minister for Immigration and Citizenship [2012] FCA 947 Citation: MZYKV v Minister for Immigration and Citizenship [2012] FCA 947

Appeal from: MZYKV v Minister for Immigration [2012] FMCA 326

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

File number: VID 336 of 2012

Judge: DODDS-STREETON J

Date of judgment: 31 August 2012

Catchwords: MIGRATION – appeal from Federal Magistrate's dismissal of application for review of the decision of the Refugee Review Tribunal affirming delegate's refusal of a protection (Class XA) visa – Tribunal disbelieved appellant's claims – grounds of review do not reveal jurisdictional error by the Federal Magistrate – appeal dismissed

Legislation: Migration Act 1958 (Cth), 424A, 424AA, 429A

Cases cited: Devries v Australian National Railways Commission (1993) 177 CLR 472 cited Kopalapillai v Minister for Immigration and Multicultural and Indigenous Affairs (1998) 86 FCR 547 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural and Indigenous Affairs v Jia (2001) 205 CLR 507 followed MZYKV v Minister for Immigration and Citizenship [2012] FMCA 326 affirmed NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 considered SZAXF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1464 cited VFAB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 102 considered