Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VWOM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1248
MIGRATION – protection visa – application for leave to raise grounds of appeal not before primary judge – new grounds unarguable Migration Act 1958 (Cth) s 427(1) SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, (2005) 215 ALR 162, referred to. VWOM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL VID 218 OF 2005 MARSHALL J 7 SEPTEMBER 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 218 OF 2005
ON APPEAL FROM A JUDGMENT OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: VWOM
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 7 SEPTEMBER 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Refugee Review Tribunal is added as a respondent to the appeal. 2. The appeal is dismissed. 3. The appellant pay the first 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 VID 218 OF 2005
ON APPEAL FROM A JUDGMENT OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: VWOM
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE: 7 SEPTEMBER 2005
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This matter is an appeal from a judgment of Federal Magistrate Riethmuller given on 15 March 2005. His Honour dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal ("the RRT"). The RRT affirmed a decision of a delegate of the first respondent ("the Minister") not to grant the appellant a protection visa.
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