VUAV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1271

FEDERAL COURT OF AUSTRALIA

VUAV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1271

MIGRATION – appeal – adverse credibility finding – no error

Migration Act 1958 (Cth) ss 424A, 424A(1) and 424A(3)(b)

Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 – cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 – cited Minister for Immigration & Multicultural Affairs v Al Shamry (2001) 110 FCR 27 – cited M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 – applied SZFKL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 931 – cited NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 – cited VUAV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1419 OF 2005 MERKEL J 12 SEPTEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1419 OF 2005

BETWEEN: VUAV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 12 SEPTEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal other than the costs incurred in the hearing of 2 September 2005.

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 1419 OF 2005

BETWEEN: VUAV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MERKEL J

DATE: 12 SEPTEMBER 2005

PLACE: MELBOURNE