Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VBA v Minister for Immigration and Multicultural Affairs [2001] FCA 1797
MIGRATION – application to review decision of Migration Review Tribunal to refuse Bridging visa – whether challenge to finding as to applicant's credibility gives rise to judicially reviewable error. Migration Act 1958 (Cth) ss 116(3), 474(2) Judiciary Act 1903 (Cth) s 39B Karras v Minister for Immigration and Multicultural Affairs; Cabal v Minister for Immigration and Multicultural Affairs [1998] FCA 1705 referred to Kanwar v Minister for Immigration and Multicultural Affairs [1999] FCA 943 referred to R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 at 615-616 referred to R v Murray; Ex Parte Proctor (1949) 77 CLR 387 at 399-400 referred to Re Minister of Immigration and Multicultural Affairs; Ex Parte Durairajasingham (2000) 74 ALJR 405 referred to VBA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V1163 of 2001 WEINBERG J 13 DECEMBER 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1163 OF 2001
BETWEEN: VBA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WEINBERG
DATE OF ORDER: 13 DECEMBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs, save for any costs incurred by reason of senior counsel having been retained. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1163 OF 2001
BETWEEN: VBA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WEINBERG
DATE: 13 DECEMBER 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT
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