Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VBAH of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs
[2002] FCAFC 234 MIGRATION – no error demonstrated – appeal dismissed VBAH OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V208 OF 2002 MARSHALL, NORTH AND MERKEL JJ MELBOURNE 13 AUGUST 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V208 OF 2002
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VBAH OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MARSHALL, NORTH AND MERKEL JJ
DATE OF ORDER: 13 AUGUST 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 V208 OF 2002
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VBAH OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MARSHALL, NORTH AND MERKEL JJ
DATE: 13 AUGUST 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT
THE COURT: 1 This is an appeal from a judgment of Heerey J ("the primary judge") dated 2 April 2002. His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the RRT") affirming a decision of a delegate of the Minister refusing to grant him a protection visa. The present appellant was the unsuccessful applicant before the primary judge. 2 The appellant is a citizen of Sri Lanka of Sinhalese ethnicity. He entered Australia on 5 November 2001 as the holder of a class TE cultural social temporary subclass 420 (Entertainment) visa. That visa was cancelled soon after the appellant entered Australia. On 9 November 2001, the appellant applied for a protection visa. A delegate of the respondent refused the application on 6 December 2001. The appellant applied to the RRT for a review of that decision. On 22 January 2002, the RRT affirmed the decision of the delegate not to grant the appellant a protection visa.
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