Applicant M17 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1364

FEDERAL COURT OF AUSTRALIA

Applicant M17 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1364 Federal Court Act 1976 (Cth) s 25(1A) Migration Act 1958 (Cth) s 424A

Applicant VCAT of 2002 v Minister for Immigration Multicultural and Indigenous Affairs [2003] FCAFC 141 cited Coulton v Holcombe (1986)162 CLR 1 cited O'Brien v Komesaroff (1982) 150 CLR 310 cited H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 cited Whisprun Pty Ltd v Dixon [2003] HCA 48 cited Branir Pty Ltd v Owsten Nominees (No. 2) [2001] FCA 1833 cited Abebe v Commonwealth (1999) 197 CLR 510 cited Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 considered Luu v Renevier (1989) 91 ALR 39 cited Azzi v Minister for Immigration & Multicultural Affairs (2002) 195 ALR 166 cited APPLICANT M17 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 455 OF 2003 NORTH J 26 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY V455 OF 2003

BETWEEN: APPLICANT M17 OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 26 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is 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

VICTORIAN DISTRICT REGISTRY V455 OF 2003

BETWEEN: APPLICANT M17 OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: 26 NOVEMBER 2003

PLACE: MELBOURNE