M142/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 585

FEDERAL COURT OF AUSTRALIA

M142/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 585

Federal Court of Australia Act 1976 (Cth) s 24(1A) Judiciary Act 1903 (Cth) s 44(1) Migration Act 1958 (Cth)

Applicant M142/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 147 cited NAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 297 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Muin v Refugee Review Tribunal [2002] HCA 30 (2002) 190 ALR 601 discussed Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 (2003) 195 ALR 502 referred to Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448 referred to APPLICANT M142/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL V 367 of 2004 GRAY J 22 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 367 of 2004

BETWEEN: APPLICANT M142/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 22 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The applicant pay the respondents' costs of the application. 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 V 367 of 2004

BETWEEN: APPLICANT M142/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT