NABO of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 178

FEDERAL COURT OF AUSTRALIA

NABO of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 178 MIGRATION – para 476(1)(e) Migration Act 1958 (Cth) – nature of error of law there referred to – no error of law or otherwise disclosed.

Migration Act 1958 (Cth) para 476(1)(e) Minister for Immigration & Multicultural Affairs v Hu (1997) 79 FCR 309 discussed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 discussed NABO of 2001 v Minister for Immigration & Multicultural Affairs N 1518 of 2001 LINDGREN, FINKELSTEIN & ALLSOP JJ 7 June 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1518 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NABO of 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN, FINKELSTEIN & ALLSOP JJ

DATE OF ORDER: 7 JUNE 2002

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. the appellant have leave to file and rely upon an amended notice of appeal;

2. the appeal be dismissed; and

3. the appellant pay the respondent's costs.

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 1518 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NABO of 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN, FINKELSTEIN & ALLSOP JJ

DATE: 7 JUNE 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT LINDGREN J 1 I have read a draft of the reasons for judgment of Allsop J and agree that the orders proposed by his Honour should be made for the reasons he gives. I certify that the preceding paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.