Lopez v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 344

FEDERAL COURT OF AUSTRALIA

Lopez v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 344 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473, referred to Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 162, referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, cited NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, followed Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311, referred to Wu v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1242, followed

SABRINA HELENA LOPEZ & ORS vTHE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V438 of 2002 MARSHALL, GOLDBERG AND KENNY JJ MELBOURNE 12 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V438 of 2002

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SABRINA HELENA LOPEZ

FIRST APPELLANT

MILDRED ELAINE SMITH

SECOND APPELLANT

LEANNE VERONICA LOPEZ

THIRD APPELLANT

ANDRE NATHANIEL LOPEZ

FOURTH APPELLANT

CHEVON VIRGINIA LOPEZ

FIFTH APPELLANT

KIMBERLEY VANESSA LOPEZ

SIXTH APPELLANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, GOLDBERG & KENNY JJ

DATE OF ORDER: 12 NOVEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the respondent's costs of the appeal.