M159 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 426

FEDERAL COURT OF AUSTRALIA

M159 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 426 MIGRATION – application for protection visa – application for order nisi to review decision of Refugee Review Tribunal – claim that Tribunal under obligation to make further inquiry into status of supposedly defunct political organisation – primary judge held particular circumstances did not give rise to any such obligation – application for leave to appeal from interlocutory judgment – principles governing leave Migration Act 1958 (Cth) ss 427(1)(d), 476

Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 at [62] discussed Minister for Immigration & Multicultural & Indigenous Affairs v SCAR (2003) 198 ALR 293 at [31] discussed Azzi v Minister for Immigration & Multicultural Affairs (2002) 120 FCR 48 discussed Luu v Renevier (1989) 91 ALR 39 at 50 referred to Anthonypillai v Minister for Immigration and Multicultural Affairs (2000) 62 ALD 136 at [14] referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 at 495-496 referred to M159 OF 2003 V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V 270 OF 2004 WEINBERG J 8 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 270 OF 2004

BETWEEN: M159 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 8 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.