Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S256 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 170
MIGRATION – refugees – protection visa – application for extension of time in which to apply for leave to appeal – Refugee Review Tribunal made credibility finding – no jurisdictional error – in any event Tribunal found that it was reasonable for the applicant to relocate – proposed appeal lacking any merit – application dismissed.
APPLICANT S256 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N25 of 2004
CARR, TAMBERLIN & LANDER JJ
2 JULY 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N25 OF 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT S256 OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: CARR, TAMBERLIN & LANDER JJ
DATE OF ORDER: 2 JULY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is 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
NEW SOUTH WALES DISTRICT REGISTRY N25 OF 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT S256 OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: CARR, TAMBERLIN & LANDER JJ
DATE: 2 JULY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT CARR J: INTRODUCTION 1 This is an application for an extension of time in which to apply for leave to appeal from a decision of a judge of this Court, made on 12 December 2003, to dismiss the applicant's application for constitutional writs in relation to a decision of the Refugee Review Tribunal ("the Tribunal"), on 26 February 2001. The Tribunal affirmed a decision of a delegate of the respondent to refuse to grant the appellant a Protection visa. The applicant also seeks leave to appeal (the decision being interlocutory) if time is extended.
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