VHAU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 376

FEDERAL COURT OF AUSTRALIA

VHAU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 376

MIGRATION – protection visa – whether Tribunal determined the substantial issues raised by the evidence and material before it – whether the Tribunal was entitled to be guided by the issues the applicant chooses to put before it for its consideration Migration Act 1958 (Cth) s 36 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 - cited Kola v Minister For Immigration & Multicultural Affairs [2002] FCAFC 59 - applied Minister for Immigration and Multicultural Affairs v Applicant C (2001) 116 FCR 154 - cited Grant v Repatriation Commission [1999] FCA 1629 - applied Chief Executive Officer of Customs v AMI Toyota Ltd (2000) 102 FCR 578 - cited S115/00A v Minister for Immigration and Multicultural Affairs (2001) 180 ALR 561 - cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 - cited VHAU OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V698 OF 2002 MERKEL J 2 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V698 OF 2002

BETWEEN: VHAU OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 2 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. 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 V698 OF 2002

BETWEEN: VHAU OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS