Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S1746 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1591
MIGRATION – application for leave to appeal – decision in 1999 – ground not raised in previous appeal from same decision – allegation of factual error on the part of the Tribunal – factual error if it existed is of no consequence – appeal has no prospects of success Migration Act 1958 (Cth) Federal Court Rules O 52 r 15(2)
Alam v Minister for Immigration and Multicultural Affairs [1999] FCA 1630 Jess v Scott (1986) 12 FCR 187 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Minister for Immigration & Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 N1202/01A v Minister for Immigration & Multicultural Affairs (2002) 68 ALD 21 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263
APPLICANT S1746 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD1387 OF 2004 BENNETT J 9 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1387 OF 2004
BETWEEN: APPLICANT S1746 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BENNETT J
DATE OF ORDER: 9 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application 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
NEW SOUTH WALES DISTRICT REGISTRY NSD1387 OF 2004
BETWEEN: APPLICANT S1746 OF 2003
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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