FEDERAL COURT OF AUSTRALIA VPAV v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1657 MIGRATION – no error of law – appeal dismissed VPAW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1655. VPAV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V883 OF 2004 MARSHALL J 15 DECEMBER 2004 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V883 OF 2004 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: VPAV APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT JUDGE: MARSHALL J DATE OF ORDER: 15 DECEMBER 2004 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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 V883 OF 2004 BETWEEN: VPAV APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA JUDGE: MARSHALL J DATE: 15 DECEMBER 2004 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 This appeal was heard at the same time as VPAW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1655. 2 Counsel agreed that no additional issue is raised in the appeal over and above that raised in VPAW. Counsel for the appellant also agreed that the same result in VPAW should logically apply to this matter. 3 Consequently the Court will order that the appeal be dismissed with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall. Associate: Dated: 15 December 2004 Counsel for the Appellant: Mr J. Gibson Solicitor for the Appellant: Wimal & Associates Counsel for the Respondent: Dr S. Donaghue Solicitor for the Respondent: Clayton Utz Date of Hearing: 15 December 2004 Date of Judgment: 15 December 2004