Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brakni v Minister for Immigration & Multicultural Affairs
[2001] FCA 48
IMMIGRATION – where the Refugee Review Tribunal had found that aspects of the appellant's account of his persecution by authorities in Algeria were 'far fetched' – where primary judge identified possible criticisms of the Tribunal's reasoning and factual findings – whether primary judge erred in concluding that no ground of review existed under s 476 of the Migration Act 1958. Migration Act 1958 (Cth), s 430, s 476
Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611, cited Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham 168 ALR 407, cited FARID BRAKNI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 143 OF 2000 SPENDER, CARR, TAMBERLIN JJ 7 FEBRUARY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 143 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: FARID BRAKNI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, CARR, TAMBERLIN JJ
DATE OF ORDER: 7 FEBRUARY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the 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
WESTERN AUSTRALIA DISTRICT REGISTRY W 143 OF 2000
BETWEEN: FARID BRAKNI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, CARR, TAMBERLIN JJ
DATE: 7 FEBRUARY 2001
PLACE: PERTH
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