Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural & Indigenous Affairs v VFAI of 2002 [2002] FCAFC 374
MIGRATION – refugees – claim of conscientious objection to compulsory military service – whether primary judge erred in concluding that the Refugee Review Tribunal did not deal with the case put
Migration Act 1958 (Cth) Pt 8
Mehenni v Minister for Immigration and Multicultural Affairs (1999) 164 ALR 192 – cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v VFAI OF 2002 V 461 OF 2002 BLACK CJ, NORTH AND MERKEL JJ 25 NOVEMBER 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 461 OF 2002
On appeal from a single judge of the Federal Court of Australia
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
APPELLANT
AND: VFAI OF 2002
RESPONDENT JUDGE: BLACK CJ, NORTH AND MERKEL JJ
DATE OF ORDER: 25 NOVEMBER 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary judge made on 27 June 2002 be set aside and in lieu thereof it be ordered that the respondent's application to the Court for review of the decision of the Refugee Review Tribunal be dismissed. 3. Each of the parties bear his own costs of the application for review and 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
VICTORIA DISTRICT REGISTRY V 461 OF 2002
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
APPELLANT
AND: VFAI OF 2002
RESPONDENT
JUDGE: BLACK CJ, NORTH AND MERKEL JJ
DATE: 25 NOVEMBER 2002
PLACE: MELBOURNE
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