Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 MIGRATION – appeal – refugee – protection visa – decision dismissing application to review decision of the Refugee Review Tribunal – when leave required to raise grounds not argued before primary judge – whether expedient and in the interests of justice – whether real chance of persecution in foreseeable future – whether failure to give adequate reasons.
Migration Act 1958 (Cth) s 430(1)
CA Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539 referred to Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32 referred to Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 referred to H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 referred to Minister for Immigration, Local Government and Ethnic Affairs v Mok (1995) 55 FCR 375 referred to NIRMALESWARAN SOMASUNTHARA IYER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 148 OF 2000 HEEREY, MOORE AND GOLDBERG JJ
15 DECEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 148 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NIRMALESWARAN SOMASUNTHARA IYER
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HEEREY, MOORE AND GOLDBERG JJ
DATE OF ORDER: 15 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 N 148 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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