NBIY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 184

FEDERAL COURT OF AUSTRALIA

NBIY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 184

MIGRATION – no issue of principle. NBIY v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 447 of 2005 WILCOX, BRANSON AND MERKEL JJ 16 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 447 of 2005

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

BETWEEN: NBIY

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, BRANSON AND MERKEL JJ

DATE OF ORDER: 16 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 447 of 2005

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

BETWEEN: NBIY

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, BRANSON AND MERKEL JJ

DATE: 16 AUGUST 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

wilcox J 1 I agree with Branson J's reasons. At no stage has the appellant identified any jurisdictional error that is alleged to have been committed by the Tribunal. Neither the primary judge nor this Court has been able to identify any such error. It follows that the appeal must fail. 2 The appeal should be dismissed with costs. I certify that the preceding (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate: Dated: 2 September 2005

IN THE FEDERAL COURT OF AUSTRALIA