NARD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 27

FEDERAL COURT OF AUSTRALIA

NARD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 27

MIGRATION - protection visa - Refugee Review Tribunal ("RRT") - appeal from decision of judge of Court exercising jurisdiction of the Court to review RRT decision - RRT's conclusions on credibility open to it on the evidence - RRT took into account relevant considerations - RRT made findings on material questions of fact - no lack of bona fides made out - reviewing court cannot conduct a merits review - alleged errors non-jurisdictional - appeal dismissed. Migration Act 1958 (Cth) Federal Court Rules O 52 r 38A(1)(d) Re Minister for Immigration and Multicultural Affairs: ex parte Durairajasingham (2000) 168 ALR 407 cited Kopalapollai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 cited W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397 cited NARD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1558 0F 2003 BEAUMONT, LINDGREN AND TAMBERLIN JJ 12 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1558 OF 2003

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

BETWEEN: NARD

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, LINDGREN AND TAMBERLIN JJ

DATE OF ORDER: 12 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA