Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WADL v Minister for Immigration & Multicultural Affairs [2002] FCAFC 276
MIGRATION – protection visa – appeal from dismissal of application for review under Pt 8 Migration Act 1958 (Cth) – leave to amend notice of appeal – whether Refugee Review Tribunal based findings on particular facts which did not exist – whether comments or observations by Tribunal "facts" – whether jurisdictional error – whether actual bias – whether error of law
Migration Act 1958 (Cth) s 476(1)(a),(b),(c), (f) and (g) and (4)(b) Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HCA 32 applied Avesta v Minister for Immigration and Multicultural Affairs [2002] FCAFC 121 applied WADL OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W590 OF 2001 FRENCH, HEEREY AND MANSFIELD JJ 29 AUGUST 2002 MELBOURNE (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W590 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WADL OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH, HEEREY AND MANSFIELD JJ
DATE OF ORDER: 29 AUGUST 2002
WHERE MADE: MELBOURNE (HEARD IN PERTH)
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The appellant pay the respondent's costs to be taxed.
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 W590 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WADL OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH, HEEREY AND MANSFIELD JJ
DATE: 29 AUGUST 2002
PLACE: MELBOURNE (HEARD IN PERTH)
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