Eshchenko v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2005] FCA 1772

FEDERAL COURT OF AUSTRALIA

Eshchenko v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2005] FCA 1772 EVIDENCE – proof of matters necessary for s 503A(1) and (2) of the Migration Act 1958 to be engaged. Migration Act 1958 (Cth) ss 501(1), 501(6), 503A(1) and (2), 503B, 503D Migration Legislation Amendment (Protected Information) Act 2003 (Cth) Evidence Act 1995 (Cth) ss 3, 8(1), 9(1), 47(1), 48(4), 51, 75, 79; Dictionary Part 2 Clause 5 Canadian Pacific Tobacco Company Limited v Stapleton (1952) 86 CLR 1 Hilton v Wells (1985) 157 CLR 57 Von Snarksi v Criminal Justice Commission (1998) 1 QdR 562 Kizon v Palmer (1997) 72 FCR 409 NAAO v Secretary, Department of Immigration and Multicultural Affairs (2002) 117 FCR 401 Ritz Hotel Ltd v Charles of the Ritz Ltd (No 21) (1988) 14 NSWLR 128 Wu v Minister for Immigration and Multicultural Affairs [2001] FCA 89 ESHCHENKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1254 of 2005 ESHCHENKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1255 of 2005 GRAHAM J 6 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1254 OF 2005

BETWEEN: RUSLAN ESHCHENKO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 6 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Paragraphs 5, 6 and 8 of the affidavit of Patricia Mary Needham affirmed 24 November 2005 to which objection has been taken, be allowed.

2. Paragraphs 7, 9, 10 and 11 of the said affidavit be rejected.

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 NSD 1255 OF 2005