WAEH of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 364

FEDERAL COURT OF AUSTRALIA

WAEH of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 364 Migration Act 1958 (Cth) ss 424, 424A, 427, 430(1), 476(1)(a), (b) and (c), 476(3)(e)

Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 considered Kulwant Singh v Minister for Immigration & Ethnic Affairs (North J, 21 November 1996, unreported) referred to Awan v Minister for Immigration & Multicultural Affairs [2001] FCA 1036 referred to Marjeed v Minister for Immigration & Multicultural Affairs [2000] FCA 470 referred to Al Shamry v Minister for Immigration & Multicultural Affairs [2000] FCA 1679 referred to Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 94 FCR 28 referred to Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 referred to Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 discussed Yusuf v Minister for Immigration & Multicultural Affairs [1999] 58 ALD 470 referred to Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 27 referred to APPELLANT WAEH OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W28 of 2002 WILCOX, RD NICHOLSON and DOWNES JJ 22 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W28 of 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPELLANT WAEH OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX, RD NICHOLSON and DOWNES JJ

DATE OF ORDER: 22 NOVEMBER 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.