Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Makdessi v Minister for Immigration and Multicultural Affairs [2001] FCA 1123
MIGRATION – appeal against primary Judge dismissing application for judicial review of decision of the Refugee Review Tribunal. APPEAL – general principles – whether leave should be given to amend the application for judicial review and notice of appeal – where issues sought to be raised were not argued at first instance. Migration Act 1958 (Cth) H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348 cited Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929 cited
MOUSSA NICOLAS MAKDESSI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 246 of 2001 MOORE, SACKVILLE AND KIEFEL JJ 17 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 246 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MOUSSA NICOLAS MAKDESSI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: MOORE, SACKVILLE AND KIEFEL JJ
DATE OF ORDER: 17 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 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 246 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MOUSSA NICOLAS MAKDESSI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: MOORE, SACKVILLE AND KIEFEL JJ
DATE: 17 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT THE COURT:
Introduction 1 This is an appeal from a judgment of a Judge of this Court, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 22 December 1999. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") not to grant the appellant a protection visa. The primary Judge gave judgment on 23 February 2001 ([2001] FCA 134).
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