VAAI v Minister for Immigration & Multicultural Affairs [2002] FCAFC 123

FEDERAL COURT OF AUSTRALIA

VAAI v Minister for Immigration & Multicultural Affairs

[2002] FCAFC 123

MIGRATION – application for a protection visa – whether primary judge erred in concluding no reviewable error by Refugee Review Tribunal in finding that applicant had not made a particular claim in his application, in drawing inferences without any evidentiary basis, and in failing to have regard to relevant considerations – whether any jurisdictional or other legal error by Tribunal. Migration Act 1958 ss 427, 476(1)(g) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1, referred to VAAI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 14 OF 2002 CARR, MOORE AND MARSHALL JJ 10 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 14 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

BETWEEN: VAAI

APPELLANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES CARR, MOORE AND MARSHALL JJ

DATE OF ORDER: 10 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 14 OF 2002

BETWEEN: VAAI

APPELLANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

JUDGES: CARR, MOORE AND MARSHALL JJ

DATE: 10 MAY 2002

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT 1 This is an appeal from a judgment of a single judge of the Court ("the primary judge"). In his judgment the primary judge dismissed an application by the appellant for judicial review of a decision of the Refugee Review Tribunal ("the RRT"). The RRT had affirmed a decision of a delegate of the respondent that the appellant was not entitled to a protection visa.