NAPE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 118

FEDERAL COURT OF AUSTRALIA

NAPE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 118 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Kioa v West (1985) 159 CLR 550 NCAP v Minister for Immigration & Multicultural Affairs [2003] FCA 499 Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 NAPE and NAPQ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1792 of 2003 RYAN, FRENCH and RD NICHOLSON JJ 10 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1792 OF 2003

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

BETWEEN: NAPE

NAPQ

APPELLANTS

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: RYAN, FRENCH and RD NICHOLSON JJ

DATE OF ORDER: 6 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants 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 N1792 OF 2003

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

BETWEEN: NAPE

NAPQ

APPELLANTS

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: RYAN, FRENCH and RD NICHOLSON JJ

DATE: 10 MAY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

the court: 1 The appellants appeal from the decision of Hill J given on 21 October 2003 in which he dismissed their application. The application was one brought in reliance on s 39B of the Judiciary Act 1903 (Cth) seeking judicial review of the decision of the Refugee Review Tribunal ('the Tribunal') which affirmed the decision of the respondent to refuse to grant to the female appellant ('the wife') a protection (class XA) visa which they had sought pursuant to the provisions of the Migration Act 1958 (Cth) ('the Act').