VGAP v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1607

FEDERAL COURT OF AUSTRALIA

VGAP v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1607

MIGRATION – visa – protection visa – reliance on report of psychologist in support of claims of torture – whether tribunal failed to take into account report as a relevant consideration

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 5(1)

Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967

VGAP & Ors v MIMIA [2003] FMCA 327 affirmed Craig v South Australia (1995) 184 CLR 163 cited Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 206 CLR 323 cited APPLICANT VGAP OF 2002, APPLICANT VGAQ OF 2002, APPLICANT VGAR OF 2002 AND APPLICANT VGAS OF 2002 v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1002 of 2003 GRAY J 7 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1002 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT VGAP OF 2002

FIRST APPELLANT

APPLICANT VGAQ OF 2002

SECOND APPELLANT

APPLICANT VGAR OF 2002

THIRD APPELLANT

APPLICANT VGAS OF 2002

FOURTH APPELLANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 7 DECEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants 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 V 1002 of 2003