Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VAAR of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 337
MIGRATION – review of decision of Refugee Review Tribunal – effect of privative clause – operation of the Hickman principle – applicant claimed that the Tribunal failed to accept his evidence of having been threatened – no jurisdictional or other relevant error demonstrated
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474(1), 474(2) Walton v Minister for Immigration and Multicultural Affairs [2001] FCA 1839 at [14] to [46] referred to NAAX v Minister for Immigration & Multicultural [2002] FCA 263 referred to NABE v Minister for Immigration and Multicultural Affairs [2002] FCA 281 at [11] referred to R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 at 615-616 referred to Craig v South Australia (1995) 184 CLR 163 at 177-179 referred to VAAR OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 46 of 2002 WEINBERG J 15 MARCH 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 46 of 2002
BETWEEN: APPLICANT VAAR OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 15 MARCH 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The application be dismissed with costs 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 V 46 of 2002
BETWEEN: APPLICANT VAAR OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WEINBERG J
DATE: 15 MARCH 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Refugee Review Tribunal ("the RRT") made on 17 January 2002. The RRT affirmed the decision of a delegate of the respondent Minister to refuse the applicant a protection visa. The applicant seeks review of that decision under s 39B of the Judiciary Act 1903 (Cth), his application for review having been filed after 1 October 2001, when the provisions of the Migration Act 1958 (Cth) were substantially amended.
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