NAEP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 417

FEDERAL COURT OF AUSTRALIA

NAEP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 417 APPLICANT NAEP of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 594 of 2002 WHITLAM, FINN and DOWNES JJ 25 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 594 of 2002

BETWEEN: APPLICANT NAEP of 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WHITLAM, FINN and DOWNES JJ

DATE OF ORDER: 25 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 594 of 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NAEP of 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WHITLAM, FINN and DOWNES JJ

DATE: 25 NOVEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT WHITLAM J 1 This is an appeal from a judgment of Lindgren J ([2002] FCA 694) given on 3 June 2002. The appellant has the misfortune to be acting for himself. However, he was represented before the primary judge. I have considered whether there is some latent error that was not argued in the court below before his Honour and should have been. However, there is no such point. All the grounds agitated before the primary judge were dealt with in his judgment. Having listened carefully to everything the appellant has had to say today, in my opinion, no error is revealed on the part of the primary judge. 2 Accordingly the appeal should be dismissed with costs for the reasons given by the primary judge. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam.