VWST v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 286

FEDERAL COURT OF AUSTRALIA

VWST v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 286

MIGRATION – Appeal – no error disclosed – whether want of logic is available as a ground of judicial review Migration Act 1958 (Cth) Part 8 NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 235, followed

Re Minister for Immigration and Multicultural Affairs; Ex Parte S20/2002 and Appellant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1165, considered

Transurban City Link v Allan (1999) 95 FCR 553, referred to

NATC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 52, referred to

W404/01A of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 255, referred to

Thevendram v Minister for Immigration & Multicultural Affairs [2000] FCA 1910, referred to VWST v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, MR G BREWER SITTING AS THE REFUGEE REVIEW TRIBUNAL AND DR PETER NYGH IN HIS CAPACITY AS PRINCIPAL MEMBER ON THE REFUGEE REVIEW TRIBUNAL V 784 OF 2004 KIEFEL, MARSHALL AND DOWNES JJ 10 NOVEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 784 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

BETWEEN: VWST

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MR G BREWER SITTING AS THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

DR PETER NYGH IN HIS CAPACITY AS PRINCIPAL MEMBER ON THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGES: KIEFEL, MARSHALL AND DOWNES JJ

DATE OF ORDER: 9 NOVEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.