Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1504 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 91R(3), 474(1), 474(2) NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 123 FCR 298 cited Plaintiff S157/200 v Commonwealth of Australia (2003) 195 ALR 24 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 applied VAAW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 259 cited WAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FMCA 85 affirmed WAAV v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W174 of 2002 RD NICHOLSON J 15 DECEMBER 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W174 of 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WAAV
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 15 DECEMBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's cost of the appeal to be taxed. 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 W174 of 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WAAV
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 15 DECEMBER 2003
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an appeal from the decision of Federal Magistrate Driver given on 14 May 2002 (WAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FMCA 85). In that decision the application by the appellant to review a decision of the Refugee Review Tribunal ('the Tribunal') made on 8 October 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 visa (class XA) visa. 2 The application for review was lodged on 14 October 2001. It therefore attracted the application of the Migration Act 1958 (Cth) ('the Act') in the form in which it was following amendment with effect from and including 2 October 2001. 3 At the hearing the appeal was dismissed. The following are the reasons for that decision.
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