Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NATI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 573
MIGRATION – appeal from Federal Magistrate dismissing application for review of decision of Refugee Review Tribunal affirming decision of delegate to refuse protection visa – appellant not credible and claims contrived – findings open – no error established. Re MIMIA; ex parte Durairajasingham (2000) 168 ALR 407 at [67] per McHugh J cited W148/00A v MIMIA (2001) 185 ALR 703 at [64-69] per Tamberlin and R D Nicholson JJ cited Chan v MIEA (1989) 169 CLR 379 at 428 per McHugh J cited Abebe v Commonwealth (1999) 197 CLR 510 at [137] cited MIEA v Wu Shan Liang (1996) 185 CLR 259 at 272 cited SCAS v MIMIA [2003] FCAFC 397 at [19] cited SBBS v MIMIA (2002) 194 ALR 749 at [44] cited Muin v The Refugee Review Tribunal (2002) 190 ALR 601 cited NADR v MIMIA [2002] FCAFC 293 cited S157/2002 v The Commonwealth of Australia, (2003) 195 ALR 24 cited NATI OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 438 OF 2003 CONTI J 6 JUNE 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 438 OF 2003
BETWEEN: NATI OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 6 JUNE 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant is to pay the respondent's costs of and incidental to this appeal. 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 438 OF 2003
BETWEEN: NATI OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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