Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BRGAG of 2008 v Minister for Immigration and Citizenship [2008] FCA 1733
MIGRATION – application for a protection (Class XA) visa Held: application dismissed with costs Migration Act 1958 (Cth) s 426A, s 474
BRGAG OF 2008 v Minister for Immigration and Citizenship [2008] FMCA 722 related NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 cited S157/2002 v Commonwealth (2003) 211 CLR 476 cited
BRGAG OF 2008 v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
QUD 143 of 2008
COLLIER J
18 NOVEMBER 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 143 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRGAG OF 2008
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 18 NOVEMBER 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 143 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRGAG OF 2008
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 18 NOVEMBER 2008
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 The appellant appeals to this Court from a decision of Jarret FM dated 5 June 2008 (BRGAG OF 2008 v Minister for Immigration and Citizenship [2008] FMCA 722). In that case his Honour dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) dated 29 January 2008. The Tribunal had affirmed a decision of a delegate of the Minister dated 16 October 2008 wherein the delegate refused the grant of a protection (class XA) visa to the appellant pursuant to the Migration Act 1958 (Cth) (the Act).
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