NAZW v Minister for Immigration &

FEDERAL COURT OF AUSTRALIA

NAZW v Minister for Immigration &
Multicultural & Indigenous Affairs [2006] FCA 96

MIGRATION – appellant failed to attend RRT hearing – signed acceptance of hearing invitation - suggestion of default by migration agent – whether effective invitation sent - whether RRT authorised to proceed to decide review

Migration Act 1958 (Cth) – ss422B, s424A, 425, 426A,

B41 of 2003, in the matter of an application for a Writ of Mandamus, Prohibition and Certiorari against Refugee Review Tribunal [2004] FCA 30 referred to
Moradian v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 1590 referred to
NADK of 2002 v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCAFC 184 referred to
NAJT v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCAFC 134 discussed
SZBCS v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 1457 referred to
SZBJWv Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 1356 cited
SZBNK v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 998 cited
VNAA v Minister for Immigration, Multicultural and Indigenous Affairs (2004) 136 FCR 407 referred to
WAJRv Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 106 referred to

NAZW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1868 of 2005

JACOBSON J
SYDNEY
10 FEBRUARY 2006

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1868 of 2005

BETWEEN:

NAZW
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	JACOBSON J
DATE OF ORDER:	10 FEBRUARY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs of the proceedings.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1858 of 2005

BETWEEN:

NAZW
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	JACOBSON J
DATE:	10 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Introduction

1. This is an appeal from a decision of Federal Magistrate Driver given on 13 September 2005 dismissing an application for review of a decision of the Refugee Review Tribunal (“the RRT”) handed down on 23 December 2003. 

2. The RRT affirmed a decision of a delegate of the Minister not to grant the appellant a protection visa.  The appellant is a citizen of the Peoples Republic of China.  He claimed to have a well-founded fear of persecution in China on the ground that he was a practitioner of Falun Gung.

3. The appellant’s application for review of the decision of the delegate was filed on 8 May 2003.  It gave as the address to which correspondence was to be sent as “Jack Meng Immigration Pty Limited” and it gave the appellant’s home address as his residential address.  In answer to a question “Please tell us why you consider yourself to be…