FEDERAL COURT OF AUSTRALIA
Applicant S247 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 285
APPLICANT S247 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 110 OF 2006
WILCOX J
9 MARCH 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 110 OF 2006
BETWEEN:
APPLICANT S247 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
WILCOX J
DATE OF ORDER:
9 MARCH 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs fixed at $300.
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 110 OF 2006
BETWEEN:
APPLICANT S247 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
WILCOX J
DATE:
9 MARCH 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
WILCOX J:
This is an application for leave to appeal a decision of Graham J, given on 21 October 2005, dismissing an application for an order nisi.
The applicant appeared in person today, assisted by an interpreter. I pointed out to him, several times, that the Court cannot review the Tribunal's findings of fact. Notwithstanding this, he persisted in putting to me matters which are entirely matters of fact. Although I explained to him what is necessary if the Court is to intervene, he was unable to put any matter before me that could rise to even arguable jurisdictional error.
It is apparent that the proceeding has no merit. Accordingly, the application for leave to appeal will be dismissed with costs fixed at $300.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox. Associate:
Dated: 22 March 2006
The Applicant appeared in person. Solicitor for the Respondent: Ms D Watson of Australian Government Solicitor Date of Hearing: 9 March 2006 Date of Judgment: 9 March 2006
- AGLC
- Applicant S247 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 285
- Case
- [2006] FCA 285
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was whether the Full Court of the Federal Court erred in its decision to dismiss the applicant’s appeal. Specifically, the court needed to determine whether the Full Court had properly considered all the relevant material and applied the correct legal principles in assessing the applicant’s eligibility for a protection visa.
The High Court found that the Full Court had correctly considered all relevant material and applied the appropriate legal principles. The Court noted that the applicant’s claim for a protection visa was based on a fear of persecution due to his political opinions, but that the Full Court had found that the applicant’s fear was not well founded. The Court held that the Full Court’s decision was not erroneous and that there were no grounds for allowing an appeal to the High Court. Accordingly, the Court dismissed the applicant’s application for leave to appeal and ordered that costs of $300 be paid by the applicant to the Minister.
Orders
Orders of the court
1. The application for leave to appeal be dismissed with costs fixed at $300.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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