Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1220 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 420, 426, 426(3) R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 distinguished Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 applied Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 distinguished APPELLANT WAAL OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W125 of 2002 RD NICHOLSON J 31 OCTOBER 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W125 of 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPELLANT WAAL OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 31 OCTOBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W125 of 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPELLANT WAAL OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 31 OCTOBER 2003
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an appeal from the decision of Federal Magistrate Driver given on 11 April 2002. In that decision the application by the appellant to review a decision of the Refugee Review Tribunal ('the Tribunal') made on 19 September 2001 was dismissed. The decision of the Tribunal affirmed the decision of a delegate of the respondent not to grant to the appellant a protection (class XA) visa. 2 The application for review was lodged on 5 October 2001 and therefore attracted the application of the Migration Act 1958 (Cth) ('the Act') as it was amended with effect from 2 October 2001.
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