Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
M128 v Minister for Immigration and Multicultural and Indigenous Affairs
[2004] FCA 320
MIGRATION – no point of principle – appeal dismissed Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) s25(1A) APPLICANTS M128 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V974 OF 2003 MARSHALL J 24 MARCH 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V974 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: APPLICANTS M128 OF 2002
APPELLANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 24 MARCH 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The applicants 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
VICTORIA DISTRICT REGISTRY V974 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: APPLICANTS M128 OF 2002
APPELLANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 24 MARCH 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of the Federal Magistrates Court given by his Honour, Federal Magistrate McInnis ("the primary judge") on 1 October 2003. 2 The primary judge dismissed an application by the appellants for judicial review of a decision of the Refugee Review Tribunal ("the RRT") made on 1 October 2001. 3 The appellants pursued one ground of review before the primary judge. They contended that the RRT failed to take into account relevant matters in making its decision. The appellants identified those matters as: "…the claims made by the applicants that they suffered a well founded fear of persecution for a valid reason under the 1951 Convention relating to the status of refugees."
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