Applicant A189/2003 v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 281

FEDERAL COURT OF AUSTRALIA

Applicant A189/2003 v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 281 MIGRATION – appeal – no error disclosed APPLICANT A189/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, JOHN LYNCH, MEMBER, REFUGEE REVIEW TRIBUNAL and PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SAD 92 OF 2004 COOPER, MARSHALL AND MANSFIELD JJ 3 NOVEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 92 OF 2004

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT

BETWEEN: APPLICANT A189/2003

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JOHN LYNCH, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGES: COOPER, MARSHALL AND MANSFIELD JJ

DATE OF ORDER: 3 NOVEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 92 OF 2004

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT

BETWEEN: APPLICANT A189/2003

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JOHN LYNCH, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT