MZXIW v Minister for Immigration
[2006] FMCA 1482
•19 October 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MZXIW v MINISTER FOR IMMIGRATION & ANOR | [2006] FMCA 1482 |
| MIGRATION – Protection visa – Refugee Review Tribunal – whether jurisdictional error – summary dismissal – whether arguable case – failure to attend Tribunal hearing – Applicant’s failure to understand significance of completing response indicating that the Applicant did not wish to attend hearing – failure of applicant to contact interpreting service. |
| MZXIY v Minister for Immigration & Anor [2006] FMCA 1481 |
| Applicant: | MZXIW |
| First Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | MLG 443 of 2006 |
| Judgment of: | McInnis FM |
| Hearing date: | 28 July 2006 |
| Delivered at: | Melbourne |
| Delivered on: | 19 October 2006 |
REPRESENTATION
| Applicant: | In person |
| Counsel for the First Respondent: | Ms K. Miller |
| Solicitors for the First Respondent: | Australian Government Solicitor |
ORDERS
The application as amended be dismissed pursuant to Rule 13.10 of the Federal Magistrates Court Rules 2001.
The Applicant shall pay the First Respondent’s costs fixed in the sum of $2,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 443 of 2006
| MZXIW |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This application is an application by the mother of Applicant MZXIY in a related judgment MZXIY v Minister for Immigration & Anor [2006] FMCA 1481 (MZXIY).
I adopt and apply the reasoning in the judgment delivered by this court in relation to the son MZXIY of the Applicant. The facts and circumstances in this application are almost identical to those in the other application and for reasons which are evident in the court's decision in that matter, it is appropriate that this application be likewise summarily dismissed with costs.
No further material was advanced for and on behalf of the Applicant in this application which disclosed any further or discrete issues which would persuade the court that in this application there is any or any proper basis upon which the Applicant could succeed. Further, I am satisfied that in this application, as with the other application, there is no reasonable prospect of success and/or the application is frivolous or vexatious.
Appropriate affidavit material was provided by the First Respondent in relation to this application, and again that material was almost identical to the material provided in the other application of this Applicant's son, referred to as Applicant MZXIY.
Accordingly, apart from adopting and applying the reasoning in MZXIY, it is unnecessary to further consider this application.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of McInnis FM
Associate:
Date: 19 October 2006