VQAB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 104

FEDERAL COURT OF AUSTRALIA

VQAB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 104

MIGRATION – application for protection visa refused by delegate of Minister – application for merits review by Refugee Review Tribunal dismissed – application for judicial review – primary judge concluded that in not making particular finding, Tribunal had not failed to take into account relevant consideration – primary judge concluded that in relying upon "older" country information, Tribunal had not taken into account irrelevant consideration – appeal to Full Court – whether primary judge erred in law Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 at [79] applied NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 at [13] referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 referred to Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 at [46]-[47] referred to VTAG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 447 referred to Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 509 referred to Applicant M31 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 533 referred to VQAB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V197 of 2004 BEAUMONT, WEINBERG & CRENNAN JJ 4 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V197 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

BETWEEN: VQAB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS