NALF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 348

FEDERAL COURT OF AUSTRALIA

NALF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 348

MIGRATION - judicial review - refusal by Refugee Review Tribunal to grant a protection visa - no evidence ground - scope of review under s 476(1)(g) and (4)(b) the Migration Act 1958 (Cth) – no evidence for one of the Tribunal's findings on credibility where there is a range of other unchallenged findings on credibility and many unrelated matters all rationally justifying the decision to refuse the visa Migration Act 1958 (Cth) s 476(1)(g) and s 476(4)(b) Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 76 ALJR 1048; [2002] HCA 32 applied NALF OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 547 OF 2002 DRUMMOND, NORTH AND DOWSETT JJ 11 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 547 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NALF OF 2002

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, NORTH AND DOWSETT JJ

DATE OF ORDER: 11 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellants pay the respondent's costs of and incidental to the appeals.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 547 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NALF OF 2002

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, NORTH AND DOWSETT JJ

DATE: 11 NOVEMBER 2002