Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAPX of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 85 NAPX OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1266 OF 2002 LINDGREN J 7 FEBRUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1266 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: NAPX OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 7 FEBRUARY 2003
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 1266 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: NAPX OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 7 FEBRUARY 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from the Federal Magistrates Court which is being heard by me pursuant to a direction of the Chief Justice under subs 25(1A) of the Federal Court of Australia Act 1976 (Cth). The decision of the Federal Magistrates Court was given on 13 November 2002 . On that date the learned Federal Magistrate dismissed the application and ordered the appellant to pay the respondent's costs and disbursements of the application fixed at $3800. 2 The application before the Federal Magistrate was for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 14 June 2002 and handed down on 4 July 2002. In fact the application for review of that decision was originally filed in this Court on 29 July 2002 and was transferred to the Federal Magistrates Court by order of Hely J on 15 August 2002. 3 The Tribunal's decision affirmed a decision of a delegate of the respondent Minister ("the Minister") refusing the appellant a protection visa.
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