Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAZK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 244 NAZK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N393 of 2004
WILCOX, MADGWICK & DOWNES JJ 18 AUGUST 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N393 of 2004
BETWEEN: NAZK
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: WILCOX, MADGWICK & DOWNES JJ
DATE OF ORDER: 18 AUGUST 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal 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 N393 of 2004
BETWEEN: NAZK
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: WILCOX, MADGWICK & DOWNES JJ
DATE: 18 AUGUST 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT WILCOX J: 1 I agree with Madgwick J. As he has indicated, the written submission identified some grounds of appeal which, if made out, would have indicated jurisdictional error by the Refugee Review Tribunal ('the Tribunal'). Some of the language in the written submission was appropriate for such grounds; for example, a claim made more than once that the Tribunal did not consider some particular matter or particular documents. However, when asked about this, the appellant indicated quite clearly that the only basis for his claim was that the Tribunal did not believe his evidence. The fact that a particular person's evidence is not believed does not, of course, mean that the case put before the Tribunal was not considered. 2 I see no basis for imputing jurisdictional error to the Tribunal. Accordingly, I share the view of Madgwick J that the appeal should be dismissed. 3 The order of the Court will be that the appeal be dismissed with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.
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