WAFX of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 263

FEDERAL COURT OF AUSTRALIA

WAFX of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 263

MIGRATION – no error disclosed – appeal dismissed.

Migration Act 1958 (Cth)

Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) WAFX OF 2002 v MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS W 100 OF 2002 MARSHALL, WEINBERG AND JACOBSON JJ PERTH 22 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 100 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAFX OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, WEINBERG AND JACOBSON JJ

DATE OF ORDER: 22 AUGUST 2002

WHERE MADE: PERTH

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

WESTERN AUSTRALIA DISTRICT REGISTRY W 100 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPELLANT WAFX OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, WEINBERG AND JACOBSON JJ

DATE: 22 AUGUST 2002

PLACE: PERTH

REASONS FOR JUDGMENT

THE COURT 1 This is an appeal from a judgment of a judge of the Court, R D Nicholson J, dismissing an application by the appellant for judicial review of a decision of the Refugee Review Tribunal ("the RRT"). On 28 June 2001 the RRT affirmed a decision of a delegate of the respondent not to grant a protection visa to the appellant. 2 The application before R D Nicholson J was filed on 29 June 2001. It was dealt with in accordance with the provisions of the Migration Act 1958 (Cth) ("the Act") which applied prior to amendments to the Act which took effect on 2 October 2001; see Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) ("the 2001 Act"). This appeal consequently does not raise for consideration the effect of the "privative clause" provisions inserted into the Act by the 2001 Act.