Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SRL v Minister for Immigration & Multicultural Affairs [2001] FCA 765
MIGRATION – review of RRT decision to affirm Minister's decision to refuse to grant protection visa – whether ground of review contained in Migration Act 1958 (Cth)s 476(1)(g) as read with s 476(4)(b) enlivened – whether no evidence or other material to justify making of decision – whether prediction as to future a "particular fact" within meaning of Migration Act 1958 (Cth)s 476(4)(b). Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b) Mohammed Rasel v Minister for Immigration & Multicultural Affairs [2001] FCA 443 approved L Jaffe Judicial Control of Administrative Action 1965 at p 548 S A de Smith Judicial Review of Administrative Action 2nd ed 1968 p 114; 5th ed 1995 p 277
SRL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 1373 of 2000
SUNDBERG, FINKELSTEIN & KATZ JJ
28 JUNE 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1373 of 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SRL
APPELLANT
AND: MINISTER FOR IMMIGRATION
& MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SUNDBERG, FINKELSTEIN & KATZ JJ
DATE OF ORDER: 28 JUNE 2001
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 1373 of 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SRL
APPELLANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SUNDBERG, FINKELSTEIN & KATZ JJ
DATE: 28 JUNE 2001
PLACE: SYDNEY
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