VAAR of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 252

FEDERAL COURT OF AUSTRALIA

VAAR of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 252

MIGRATION – no error demonstrated – appeal dismissed Migration Act 1958 (Cth) s 474

Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth)

Judiciary Act 1903 (Cth) s 39B Australian Constitution s75(v) Muin v Refugee Review Tribunal [2002] HCA 30, applied

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, applied

VAAR OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V 195 OF 2002

MARSHALL, NORTH AND FINKELSTEIN JJ MELBOURNE 23 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 195 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT VAAR OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, NORTH AND FINKELSTEIN JJ

DATE OF ORDER: 23 AUGUST 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is 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 195 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT VAAR OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, NORTH AND FINKELSTEIN JJ

DATE: 23 AUGUST 2002

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT: 1 This is an appeal from Weinberg J dismissing an application by the appellant for review of a decision of the Refugee Review Tribunal ("the RRT"). On 17 January 2002, the RRT had affirmed a decision of a delegate of the respondent not to grant a protection visa to the appellant. 2 The relevant law on the appeal is the Migration Act 1958 (Cth) ("the Act") as it stands following the commencement of the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) ("the 2001 Act") which came into force on 2 October 2001. The new provisions apply to applications for judicial review of decisions made under the Act on or after 2 October 2001 and decisions made before that date if an application for judicial review of the decision had not been lodged prior to that date.