MZZCC v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 858

FEDERAL COURT OF AUSTRALIA

MZZCC v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 858 Citation: MZZCC v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 858

Appeal from: MZZCC v Minister for Immigration & Anor [2013] FCCA 427

Parties: MZZCC v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: VID 503/2013

Judge: MARSHALL J

Date of judgment: 20 August 2013

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – protection visa – Refugee Review Tribunal – no appealable error disclosed – impermissible merits review – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36(2), 36(2B)(a)

Date of hearing: 20 August 2013

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 23

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Ms C Symons

Solicitor for the Respondents: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID503/2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: MZZCC

Appellant

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MARSHALL J DATE OF ORDER: 20 augUST 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to "Minister for Immigration, Multicultural Affairs and Citizenship" and the title of the proceeding be amended accordingly. 2. The appeal is dismissed. 3. The appellant pay the first respondent's costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.