MZWLM v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWLM v MINISTER FOR IMMIGRATION [2005] FMCA 1057

MIGRATION – Protection Visa – whether jurisdictional error.

Muin v Refugee Review Tribunal (2002) 190 ALR 601

VAT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 255
Minister for Aboriginal Affairs v Peko- Wallsend Ltd (1986) 162 CLR 24
Woods v Migration Agents Registration Authority (2004) FCA 1622
NADR v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCA FC 167

Applicant: MZWLM

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: MLG 727 of 2004

Judgment of: McInnis FM

Hearing date: 21 July 2005

Delivered at: Melbourne

Delivered on: 21 July 2005

REPRESENTATION

Applicant: In person

Counsel for the Respondent: Mr. W. S. Mosley

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the application filed 10 June 2004 be dismissed.

2. The Applicant shall pay the Respondent's costs fixed in the sum of $6,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 727 of 2004

MZWLM

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. In this application, the applicant by an amended application seeks review of a decision of the Refugee Review Tribunal (“the RRT”) dated 24 November 2000.  That decision of the RRT had affirmed a decision of a delegate not to grant to the applicant a protection visa. 

2. The applicant is a 57 year old female Sri Lankan citizen who arrived in Australia on 18 November 1998 as the holder of a visitor visa issued in Hong Kong on 9 October 1998.  On 8 December 1998 the applicant applied for a protection visa.  On 6 January 1999 a delegate of the respondent determined the applicant was not a person to whom Australia had protection obligations, and refused the application.  The applicant then applied on 27 January 1999 to the RRT for review of the delegate's decision.  The hearing was conducted on 14 November 2000, and as I indicated earlier in this judgment, by a decision dated 24 November 2000 the RRT affirmed the delegate's decision.

3. On 24 April 2001, the applicant joined the representative proceedings in the High Court matter of Muin v Refugee Review Tribunal (2002) 190 ALR 601. The applicant subsequently filed an application for writs of prohibition and certiorari with the High Court on 15 May 2003 in relation to the RRT decision. Those proceedings were remitted to the Federal Court of Australia which in turn further remitted the proceedings to the Federal Magistrates Court. I made a decision in relation to the matter refusing the order nisi on 18 March 2004. That decision was the subject of an application for leave to appeal, given it was an interlocutory decision, and that application was refused by order of Crennan J of the Federal Court of Australia on 26 May 2004. On 10 June 2004 the applicant filed the present application for review and relies upon an amended application dated 13 October 2004.

4. The applicant…