MZWEI v Minister for Immigration
[2004] FMCA 1053
•23 November 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MZWEI v MINISTER FOR IMMIGRATION | [2004] FMCA 1053 |
| MIGRATION – No appearance by applicant – hearing on merits in absence of applicant. |
| Applicant: | MZWEI |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | MLG 337 of 2004 |
| Delivered on: | 23 November 2004 |
| Delivered at: | Melbourne |
| Hearing date: | 23 November 2004 |
| Judgment of: | O’Dwyer FM |
REPRESENTATION
| Applicant: | No appearance |
| Counsel for the Respondent: | Mr C G Fairfield |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
The application filed on 23 March 2004 is dismissed.
The Applicant pay the costs of the Respondent fixed in the sum of $7,000.00 pursuant to Rule 21.02(2)(a) of the Federal Magistrates Court Rules 2001.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 337 of 2004
| MZWEI |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
Conclusion
In the absence of the applicant or legal representation on his behalf, I nonetheless proceeded to hear the strengths and merits of the respective positions of the applicant and the respondent. The applicant's position is stated in a document described as the applicant's contentions of fact and law dated 15 July 2004. The respondent addressed me on the issues set out in the applicant's contentions of fact and law, referred me to the appropriate sections in the court book and provided me with argument as to why the contentions of the applicant are without merit.
I am persuaded by the strength of the respondent's contentions that in this particular case, where there have been findings of fact by the Refugee Review Tribunal (the Tribunal), those findings are justified on the evidence and open to the Tribunal to make. In respect of the contention by the applicant that there was a jurisdictional error on the part of the Tribunal in relation to the decision it reached, I find on the material before me that there was no jurisdictional error and I can find no reason to challenge the determination of the Tribunal. Accordingly I intend to dismiss the application.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of O’Dwyer FM
Associate:
Date: 23 November 2004
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