NAAY v Minister for Immigration & Multicultural Affairs [2002] FCAFC 148

FEDERAL COURT OF AUSTRALIA

NAAY v Minister for Immigration & Multicultural Affairs [2002] FCAFC 148

NAAY v MINISTER FOR IMMIGRATION & MULTICULTURAL

AFFAIRS N 1472 OF 2001 LINDGREN, KIEFEL AND FINKELSTEIN JJ 22 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1472 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAAY

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL

AFFAIRS

RESPONDENT

JUDGE: LINDGREN, KIEFEL AND FINKELSTEIN JJ

DATE OF ORDER: 22 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appellant have leave to file in Court, and rely upon, an amended notice of appeal; 2. The appeal be dismissed; 3. 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

NEW SOUTH WALES DISTRICT REGISTRY N 1472 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAAY

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL

AFFAIRS

RESPONDENT

JUDGE: LINDGREN, KIEFEL AND FINKELSTEIN JJ

DATE: 22 MAY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

the court:

Introduction 1 The appellant appeals from orders of a Judge of the Court by which his Honour ordered that the application before him be dismissed and that the appellant pay the respondent's costs. The appellant had applied for review of a decision of the Refugee Review Tribunal ("the Tribunal") dismissing an application by the appellant, his wife and daughter for review of a decision of a delegate of the respondent, the Minister for Immigration & Multicultural Affairs ("the Delegate" and "the Minister" respectively) refusing to grant them protection visas.